reglab/statecodes huggingface dataset:
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135G - SUBACUTE MENTAL HEALTH CARE FACILITIES › Section 135G.11 - Complaints alleging violations.

135G.11 Complaints alleging violations.
1. A person may request an inspection of a subacute care facility by filing with the department a complaint of an alleged violation of an applicable requirement of this chapter or a rule adopted pursuant to this chapter. The complaint shall state in a reasonably specific manner the basis of the complaint. A statement of the nature of the complaint shall be delivered to the subacute care facility involved at the time of or prior to the inspection.
2. Upon receipt of a complaint made in accordance with subsection 1, the department shall make a preliminary review of the complaint. Unless the department concludes that the complaint is intended to harass a subacute care facility or a licensee or is without reasonable basis, it shall within twenty working days of receipt of the complaint make or cause to be made an on-site inspection of the subacute care facility which is the subject of the complaint. The department of inspections and appeals may refer to the department of human services any complaint received by the department of inspections and appeals if the complaint applies to rules adopted by the department of human services. The complainant shall also be notified of the name, address, and telephone number of the designated protection and advocacy agency if the alleged violation involves a facility with one or more residents with a developmental disability or mental illness. In any case, the complainant shall be promptly informed of the result of any action taken by the department in the matter.
3. An inspection made pursuant to a complaint filed under subsection 1 need not be limited to the matter or matters referred to in the complaint; however, the inspection shall not be a general inspection unless the complaint inspection coincides with a scheduled general inspection. Upon arrival at the subacute care facility to be inspected, the inspector shall show identification to the person in charge of the subacute care facility and state that an inspection is to be made, before beginning the inspection. Upon request of either the complainant or the department, the complainant or the complainant’s representative or both may be allowed the privilege of accompanying the inspector during any on-site inspection made pursuant to this section. The inspector may cancel the privilege at any time if the inspector determines that the privacy of a resident of the subacute care facility to be inspected would be violated. The dignity of the resident shall be given first priority by the inspector and others.
2012 Acts, ch 1120, §50
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135G - SUBACUTE MENTAL HEALTH CARE FACILITIES › Section 135G.12 - Information confidential.

135G.12 Information confidential.
1. The department’s final findings regarding licensure shall be made available to the public in a readily available form and place. Other information relating to the subacute care facility is confidential and shall not be made available to the public except in proceedings involving licensure, a civil suit involving a resident, or an administrative action involving a resident.
2. The name of a person who files a complaint with the department shall remain confidential and is not subject to discovery, subpoena, or any other means of legal compulsion for release to a person other than an employee of the department or an agent involved in the investigation of the complaint.
3. Information regarding a resident who has received or is receiving care shall not be disclosed directly or indirectly except as authorized under section 217.30.
2012 Acts, ch 1120, §51
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135G - SUBACUTE MENTAL HEALTH CARE FACILITIES › Section 135G.13 - Judicial review.

135G.13 Judicial review.
Judicial review of the action of the department may be sought pursuant to the Iowa administrative procedure Act, chapter 17A. Notwithstanding chapter 17A, a petition for judicial review of the department’s actions under this chapter may be filed in the district court of the county in which the related subacute care facility is located or is proposed to be located. The status of the petitioner or the licensee shall be preserved pending final disposition of the judicial review.
2012 Acts, ch 1120, §52
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135G - SUBACUTE MENTAL HEALTH CARE FACILITIES › Section 135G.14 - Penalty.

135G.14 Penalty.
A person who establishes, operates, or manages a subacute care facility without obtaining a license under this chapter commits a serious misdemeanor. Each day of continuing violation following conviction shall be considered a separate offense.
2012 Acts, ch 1120, §53
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135G - SUBACUTE MENTAL HEALTH CARE FACILITIES › Section 135G.15 - Injunction.

135G.15 Injunction.
Notwithstanding the existence or pursuit of another remedy, the department may maintain an action for injunction or other process to restrain or prevent the establishment, operation, or management of a subacute care facility without a license.
2012 Acts, ch 1120, §54
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135H - PSYCHIATRIC MEDICAL INSTITUTIONS FOR CHILDREN › Section 135H.1 - Definitions.

135H.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Department” means the department of inspections and appeals.
2. “Direction” means authoritative policy or procedural guidance for the accomplishment of a function or an activity.
3. “Licensee” means the holder of a license issued to operate a psychiatric medical institution for children.
4. “Medical care plan” means a plan of care and services designed to eliminate the need for inpatient care by improving the condition of a child. Services must be based upon a diagnostic evaluation, which includes an examination of the medical, psychological, social, behavioral, and developmental aspects of the child’s situation, reflecting the need for inpatient care.
5. “Mental health professional” means an individual who has all of the following qualifications:
a. The individual holds at least a master’s degree in a mental health field, including but not limited to, psychology, counseling and guidance, nursing, and social work, or the individual is a physician.
b. The individual holds a current Iowa license if practicing in a field covered by an Iowa licensure law.
c. The individual has at least two years of post-degree clinical experience, supervised by another mental health professional, in assessing mental health needs and problems and in providing appropriate mental health services.
6. “Nursing care” means services which are provided under the direction of a physician or registered nurse.
7. “Physician” means a person licensed under chapter 148.
8. “Psychiatric medical institution for children” or “psychiatric institution” means an institution providing more than twenty-four hours of continuous care involving long-term psychiatric services to three or more children in residence for expected periods of fourteen or more days for diagnosis and evaluation or for expected periods of ninety days or more for treatment.
9. “Psychiatric services” means services provided under the direction of a physician which address mental, emotional, medical, or behavioral problems.
10. “Rehabilitative services” means services to encourage and assist restoration of a resident’s optimum mental and physical capabilities.
11. “Resident” means a person who is less than twenty-one years of age and has been admitted by a physician to a psychiatric medical institution for children.
12. “Supervision” means direct oversight and inspection of the act of accomplishing a function or activity.
89 Acts, ch 283, §2; 94 Acts, ch 1120, §14, 15; 2008 Acts, ch 1088, §90
Referred to in §249A.30A
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135H - PSYCHIATRIC MEDICAL INSTITUTIONS FOR CHILDREN › Section 135H.2 - Purpose.

135H.2 Purpose.
The purpose of this chapter is to provide for the development, establishment, and enforcement of basic standards for the operation, construction, and maintenance of a psychiatric medical institution for children which will ensure the safe and adequate diagnosis and evaluation and treatment of the residents.
89 Acts, ch 283, §3
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135H - PSYCHIATRIC MEDICAL INSTITUTIONS FOR CHILDREN › Section 135H.3 - Nature of care.

135H.3 Nature of care.
1. A psychiatric medical institution for children shall utilize a team of professionals to direct an organized program of diagnostic services, psychiatric services, nursing care, and rehabilitative services to meet the needs of residents in accordance with a medical care plan developed for each resident. The membership of the team of professionals may include but is not limited to an advanced registered nurse practitioner or a physician assistant. Social and rehabilitative services shall be provided under the direction of a qualified mental health professional.
2. If a child is diagnosed with a biologically based mental illness as defined in section 514C.22 and meets the medical assistance program criteria for admission to a psychiatric medical institution for children, the child shall be deemed to meet the acuity criteria for medically necessary inpatient benefits under a group policy, contract, or plan providing for third-party payment or prepayment of health, medical, and surgical coverage benefits issued by a carrier, as defined in section 513B.2, that is subject to section 514C.22. Such medically necessary benefits shall not be excluded or denied as care that is substantially custodial in nature under section 514C.22, subsection 8, paragraph “b”.
89 Acts, ch 283, §4; 2009 Acts, ch 179, §182; 2011 Acts, ch 121, §7; 2011 Acts, ch 131, §151, 153; 2017 Acts, ch 148, §29
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135H - PSYCHIATRIC MEDICAL INSTITUTIONS FOR CHILDREN › Section 135H.4 - Licensure.

135H.4 Licensure.
A person shall not establish, operate, or maintain a psychiatric medical institution for children unless the person obtains a license for the institution under this chapter and either holds a license under section 237.3, subsection 2, paragraph “a”, as a comprehensive residential facility for children or holds a license under section 125.13, if the facility provides substance abuse treatment.
89 Acts, ch 283, §5; 93 Acts, ch 53, §6; 93 Acts, ch 172, §29; 93 Acts, ch 180, §79
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135H - PSYCHIATRIC MEDICAL INSTITUTIONS FOR CHILDREN › Section 135H.5 - Application for license.

135H.5 Application for license.
An application for a license under this chapter shall be submitted on a form requesting information required by the department, which may include affirmative evidence of the applicant’s ability to comply with the rules for standards adopted pursuant to this chapter. An application for a license shall be accompanied by the required license fee which shall be credited to the general fund of the state. The initial and annual license fee is twenty-five dollars.
89 Acts, ch 283, §6
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135H - PSYCHIATRIC MEDICAL INSTITUTIONS FOR CHILDREN › Section 135H.8 - Denial, suspension, or revocation of license.

135H.8 Denial, suspension, or revocation of license.
The department may deny an application or suspend or revoke a license if the department finds that an applicant or licensee has failed or is unable to comply with this chapter or the rules establishing minimum standards pursuant to this chapter or if any of the following conditions apply:
1. It is shown that a resident is a victim of cruelty or neglect due to the acts or omissions of the licensee.
2. The licensee has permitted, aided, or abetted in the commission of an illegal act in the psychiatric institution.
3. An applicant or licensee acted to obtain or to retain a license by fraudulent means, misrepresentation, or submitting false information.
4. The licensee has willfully failed or neglected to maintain a continuing in-service education and training program for persons employed by the psychiatric institution.
5. The application involves a person who has failed to operate a psychiatric institution in compliance with the provisions of this chapter.
89 Acts, ch 283, §9
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135H - PSYCHIATRIC MEDICAL INSTITUTIONS FOR CHILDREN › Section 135H.8A - Provisional license.

135H.8A Provisional license.
The department may issue a provisional license, effective for not more than one year, to a licensee whose psychiatric institution does not meet the requirements of this chapter, if, prior to issuance of the license, written plans to achieve compliance with the applicable requirements are submitted to and approved by the department. The plans shall specify the deadline for achieving compliance.
95 Acts, ch 51, §2
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135H - PSYCHIATRIC MEDICAL INSTITUTIONS FOR CHILDREN › Section 135H.9 - Notice and hearings.

135H.9 Notice and hearings.
The procedure governing notice and hearing to deny an application or suspend or revoke a license shall be in accordance with rules adopted by the department pursuant to chapter 17A. A full and complete record shall be kept of the proceedings and of any testimony. The record need not be transcribed unless judicial review is sought. A copy or copies of a transcript may be obtained by an interested party upon payment of the cost of preparing the transcript or copies.
89 Acts, ch 283, §10
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135H - PSYCHIATRIC MEDICAL INSTITUTIONS FOR CHILDREN › Section 135H.10 - Rules.

135H.10 Rules.
1. The department of inspections and appeals, in consultation with the department of human services and affected professional groups, shall adopt and enforce rules setting out the standards for a psychiatric medical institution for children and the rights of the residents admitted to a psychiatric institution. The department of inspections and appeals and the department of human services shall coordinate the adoption of rules and the enforcement of the rules in order to prevent duplication of effort by the departments and of requirements of the licensee.
2. This chapter shall not be construed as prohibiting the use of funds appropriated for foster care to provide payment to a psychiatric medical institution for children for the financial participation required of a child whose foster care placement is in a psychiatric medical institution for children. In accordance with established policies and procedures for foster care, the department of human services shall act to recover any such payment for financial participation, apply to be named payee for the child’s unearned income, and recommend parental liability for the costs of a court-ordered foster care placement in a psychiatric medical institution.
89 Acts, ch 283, §11; 2001 Acts, ch 135, §30; 2012 Acts, ch 1133, §94
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135H - PSYCHIATRIC MEDICAL INSTITUTIONS FOR CHILDREN › Section 135H.11 - Complaints alleging violations — confidentiality.

135H.11 Complaints alleging violations — confidentiality.
A person may request an inspection of a psychiatric medical institution for children by filing with the department a complaint of an alleged violation of an applicable requirement of this chapter or a rule adopted pursuant to this chapter. The complaint shall state in a reasonably specific manner the basis of the complaint. A statement of the nature of the complaint shall be delivered to the psychiatric institution involved at the time of or prior to the inspection. The name of the person who files a complaint with the department shall be kept confidential and shall not be subject to discovery, subpoena, or other means of legal compulsion for its release to a person other than department employees involved in the investigation of the complaint.
89 Acts, ch 283, §12
Referred to in §135H.12
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135H - PSYCHIATRIC MEDICAL INSTITUTIONS FOR CHILDREN › Section 135H.12 - Inspections upon complaints.

135H.12 Inspections upon complaints.
1. Upon receipt of a complaint made in accordance with section 135H.11, the department shall make a preliminary review of the complaint. Unless the department concludes that the complaint is intended to harass a psychiatric institution or a licensee or is without reasonable basis, it shall within twenty working days of receipt of the complaint make or cause to be made an on-site inspection of the psychiatric institution which is the subject of the complaint. The department of inspections and appeals may refer to the department of human services any complaint received by the department if the complaint applies to rules adopted by the department of human services. The complainant shall also be notified of the name, address, and telephone number of the designated protection and advocacy agency if the alleged violation involves a facility with one or more residents with developmental disabilities or mental illness. In any case, the complainant shall be promptly informed of the result of any action taken by the department in the matter.
2. An inspection made pursuant to a complaint filed under section 135H.11 need not be limited to the matter or matters referred to in the complaint; however, the inspection shall not be a general inspection unless the complaint inspection coincides with a scheduled general inspection. Upon arrival at the psychiatric institution to be inspected, the inspector shall show identification to the person in charge of the psychiatric institution and state that an inspection is to be made, before beginning the inspection. Upon request of either the complainant or the department, the complainant or the complainant’s representative or both may be allowed the privilege of accompanying the inspector during any on-site inspection made pursuant to this section. The inspector may cancel the privilege at any time if the inspector determines that the privacy of a resident of the psychiatric institution to be inspected would be violated. The dignity of the resident shall be given first priority by the inspector and others.
89 Acts, ch 283, §13
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135H - PSYCHIATRIC MEDICAL INSTITUTIONS FOR CHILDREN › Section 135H.13 - Information confidential.

135H.13 Information confidential.
1. The department’s final findings and the survey findings of the joint commission on the accreditation of health care organizations regarding licensure or program accreditation shall be made available to the public in a readily available form and place. Other information relating to the psychiatric institution is confidential and shall not be made available to the public except in proceedings involving licensure, a civil suit involving a resident, or an administrative action involving a resident.
2. The name of a person who files a complaint with the department shall remain confidential and is not subject to discovery, subpoena, or any other means of legal compulsion for release to a person other than an employee of the department or an agent involved in the investigation of the complaint.
3. Information regarding a resident who has received or is receiving care shall not be disclosed directly or indirectly except as authorized under section 217.30, 232.69, or 237.21.
89 Acts, ch 283, §14
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135H - PSYCHIATRIC MEDICAL INSTITUTIONS FOR CHILDREN › Section 135H.14 - Judicial review.

135H.14 Judicial review.
Judicial review of the action of the department may be sought pursuant to the Iowa administrative procedure Act, chapter 17A. Notwithstanding the Iowa administrative procedure Act, chapter 17A, a petition for judicial review of the department’s actions under this chapter may be filed in the district court of the county in which the related psychiatric medical institution for children is located or is proposed to be located. The status of the petitioner or the licensee shall be preserved pending final disposition of the judicial review.
89 Acts, ch 283, §15; 2003 Acts, ch 44, §114
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135H - PSYCHIATRIC MEDICAL INSTITUTIONS FOR CHILDREN › Section 135H.15 - Penalty.

135H.15 Penalty.
A person who establishes, operates, or manages a psychiatric medical institution for children without obtaining a license under this chapter commits a serious misdemeanor. Each day of continuing violation following conviction shall be considered a separate offense.
89 Acts, ch 283, §16
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135H - PSYCHIATRIC MEDICAL INSTITUTIONS FOR CHILDREN › Section 135H.16 - Injunction.

135H.16 Injunction.
Notwithstanding the existence or pursuit of another remedy, the department may maintain an action for injunction or other process to restrain or prevent the establishment, operation, or management of a psychiatric medical institution for children without a license.
89 Acts, ch 283, §17
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135I - SWIMMING POOLS AND SPAS › Section 135I.1 - Definitions.

135I.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Department” means the Iowa department of public health.
2. “Local board of health” means a city, county, or district board of health as defined in section 137.102.
3. “Spa” means a bathing facility such as a hot tub or whirlpool designed for recreational or therapeutic use.
4. “Swimming pool” means an artificial basin and its appurtenances, either constructed or operated for swimming, wading, or diving, and includes a swimming pool, wading pool, waterslide, or associated bathhouse. “Swimming pool” does not include a decorative fountain which does not serve primarily as a wading or swimming pool and the drain of which fountain is not connected to any type of suction device for removing or recirculating the water.
5. “Swimming pool or spa water heater” means an appliance designed for heating nonpotable water stored at atmospheric pressure, such as water in a swimming pool, spa, hot tub, or for similar uses.
89 Acts, ch 291, §1; 91 Acts, ch 75, §1; 92 Acts, ch 1194, §1; 2001 Acts, ch 58, §5; 2010 Acts, ch 1036, §20
Referred to in §669.14, 670.4
For provisions relating to requirement that department of public health regulate certain residential swimming pools used for private swimming lessons, see
2015 Acts, ch 138, §97, 98
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135I - SWIMMING POOLS AND SPAS › Section 135I.2 - Applicability.

135I.2 Applicability.
This chapter applies to all swimming pools and spas owned or operated by local or state government, or commercial interests or private entities including but not limited to facilities operated by cities, counties, public or private school corporations, hotels, motels, camps, apartments, condominiums, and health or country clubs. This chapter does not apply to facilities intended for single family use or to a swimming pool or spa operated by a homeowners’ association representing seventy-two or fewer dwelling units if the association’s bylaws, which also apply to a rental agreement relative to any of the dwelling units, include an exemption from the requirements of this chapter, provide for inspection of the swimming pool or spa by an entity other than the department or local board of health, and assume any liability associated with operation of the swimming pool or spa. This chapter does not apply to a swimming pool or spa used exclusively for therapy under the direct supervision of qualified medical personnel. To avoid duplication and promote coordination of inspection activities, the department may enter into written agreements with a local board of health to provide for inspection and enforcement in accordance with this chapter.
89 Acts, ch 291, §2; 92 Acts, ch 1194, §2; 92 Acts, ch 1237, §8; 96 Acts, ch 1097, §1; 2001 Acts, ch 58, §6; 2008 Acts, ch 1058, §5
For provisions relating to requirement that department of public health regulate certain residential swimming pools used for private swimming lessons, see
2015 Acts, ch 138, §97, 98
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135I - SWIMMING POOLS AND SPAS › Section 135I.3 - Registration required.

135I.3 Registration required.
A person shall not operate a swimming pool or spa without first having registered with the department. Registration shall be renewed annually.
89 Acts, ch 291, §3
For provisions relating to requirement that department of public health regulate certain residential swimming pools used for private swimming lessons, see
2015 Acts, ch 138, §97, 98
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135I - SWIMMING POOLS AND SPAS › Section 135I.4 - Powers and duties.

135I.4 Powers and duties.
The department is responsible for registering and regulating the operation of swimming pools, spas, and, notwithstanding chapter 89, swimming pool or spa water heaters. The department shall conduct seminars and training sessions, and disseminate information regarding health practices, safety measures, and operating procedures required under this chapter. The department may:
1. Inspect, at the time of installation and periodically thereafter, all swimming pools and spas for the purpose of detecting and eliminating health or safety hazards.
2. Establish minimum safety and sanitation criteria for the operation and use of swimming pools and spas.
3. Establish minimum qualifications for swimming pool, spa, and waterslide operators and lifeguards. Swimming pools operated by apartments, condominiums, country clubs, neighborhoods, or manufactured home communities or mobile home parks are exempt from requirements regarding lifeguards.
4. Establish and collect fees to defray the cost of administering this chapter. It is the intent of the general assembly that fees collected under this chapter be used to defray the cost of administering this chapter. However, the portion of fees needed to defray the costs of a local board of health in implementing this chapter shall be established by the local board of health. A fee imposed for the inspection of a swimming pool or spa shall not be collected until the inspection has actually been performed.
5. Adopt rules in accordance with chapter 17A for the implementation and enforcement of this chapter and the establishment of fees.
6. Enter into agreements with a local board of health to implement the inspection and enforcement provisions of this chapter. The agreements shall provide that the fees established by the local board of health for inspection and enforcement shall be retained by the local board. However, inspection fees shall not be charged by the department for facilities which are inspected by third-party authorities. Third-party authorities shall be approved by the department. The department shall monitor and certify the inspection and enforcement programs of local boards of health and approved third-party authorities.
89 Acts, ch 291, §4; 92 Acts, ch 1194, §3; 92 Acts, ch 1237, §9; 2001 Acts, ch 153, §16; 2007 Acts, ch 159, §22
For provisions relating to requirement that department of public health regulate certain residential swimming pools used for private swimming lessons, see
2015 Acts, ch 138, §97, 98
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135I - SWIMMING POOLS AND SPAS › Section 135I.5 - Penalty.

135I.5 Penalty.
A person who violates a provision of this chapter commits a simple misdemeanor. Each day upon which a violation occurs constitutes a separate violation.
89 Acts, ch 291, §5
For provisions relating to requirement that department of public health regulate certain residential swimming pools used for private swimming lessons, see
2015 Acts, ch 138, §97, 98
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135I - SWIMMING POOLS AND SPAS › Section 135I.6 - Enforcement.

135I.6 Enforcement.
If the department or a local board of health acting pursuant to agreement with the department determines that a provision of this chapter or a rule adopted pursuant to this chapter has been or is being violated, the department may withhold or revoke the registration of a swimming pool or spa, or the department or the local board of health may order that a facility or item of equipment not be used, until the necessary corrective action has been taken. The department or the local board of health may request the county attorney to bring appropriate legal proceedings to enforce this chapter, including an action to enjoin violations. The attorney general may also institute appropriate legal proceedings at the request of the department. This remedy is in addition to any other legal remedy available to the department or a local board of health.
89 Acts, ch 291, §6; 92 Acts, ch 1194, §4; 92 Acts, ch 1237, §10; 2007 Acts, ch 159, §23
For provisions relating to requirement that department of public health regulate certain residential swimming pools used for private swimming lessons, see
2015 Acts, ch 138, §97, 98
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135J - LICENSED HOSPICE PROGRAMS › Section 135J.2 - Licenses — fees — criteria.

135J.2 Licenses — fees — criteria.
1. A person or governmental unit, acting severally or jointly with any other person may establish, conduct, or maintain a hospice program in this state and receive a license from the department after meeting the requirements of this chapter. The application shall be on a form prescribed by the department and shall require information the department deems necessary. Nothing in this chapter shall prohibit a person or governmental unit from establishing, conducting, or maintaining a hospice program without a license. Each application for license shall be accompanied by a nonrefundable biennial license fee determined by the department.
2. The hospice program shall meet the criteria pursuant to section 135J.3 before a license is issued. The department of inspections and appeals is responsible to provide the necessary personnel to inspect the hospice program, the home care and inpatient care provided and the hospital or facility used by the hospice to determine if the hospice complies with necessary standards before a license is issued. Hospices that are certified as Medicare hospice providers by the department of inspections and appeals or are accredited as hospices by the joint commission on the accreditation of health care organizations, shall be licensed without inspection by the department of inspections and appeals.
84 Acts, ch 1284, §3
C85, §135.91
86 Acts, ch 1245, §1111; 90 Acts, ch 1204, §66
C91, §135J.2
98 Acts, ch 1100, §17; 2005 Acts, ch 3, §33; 2021 Acts, ch 76, §150
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135J - LICENSED HOSPICE PROGRAMS › Section 135J.3 - Basic requirements.

135J.3 Basic requirements.
A licensed hospice program shall include:
1. A planned program of hospice care, the medical components of which shall be under the direction of an attending physician.
2. Centrally administered, coordinated hospice core services provided in home, outpatient, or institutional settings.
3. A mechanism that assures the rights of the patient and family.
4. Palliative care provided to a hospice patient and family under the direction of an attending physician.
5. An interdisciplinary team which develops, implements, and evaluates the hospice plan of care for the patient and family.
6. Bereavement services.
7. Accessible hospice care twenty-four hours a day, seven days a week in all settings.
8. An ongoing system of quality assurance and utilization review.
84 Acts, ch 1284, §7
C85, §135.95
90 Acts, ch 1204, §66
C91, §135J.3
2022 Acts, ch 1066, §8
Referred to in §135J.2
Subsections 1 and 4 amended
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135J - LICENSED HOSPICE PROGRAMS › Section 135J.4 - Inspection.

135J.4 Inspection.
The department of inspections and appeals shall make or be responsible for inspections of the hospice program, the home care and the inpatient care provided in the hospice program, and the hospital or facility before a license is issued. The department of inspections and appeals shall inspect the hospice program periodically after initial inspection.
84 Acts, ch 1284, §6
C85, §135.94
86 Acts, ch 1245, §1112; 90 Acts, ch 1204, §66
C91, §135J.4
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135J - LICENSED HOSPICE PROGRAMS › Section 135J.5 - Denial, suspension, or revocation of licenses.

135J.5 Denial, suspension, or revocation of licenses.
The department may deny, suspend, or revoke a license if the department determines there is failure of the program to comply with this chapter or the rules adopted under this chapter. The suspension or revocation may be appealed under chapter 17A. The department may reissue a license following a suspension or revocation after the hospice corrects the conditions upon which the suspension or revocation was based.
84 Acts, ch 1284, §4
C85, §135.92
90 Acts, ch 1204, §66
C91, §135J.5
2005 Acts, ch 3, §34
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135J - LICENSED HOSPICE PROGRAMS › Section 135J.6 - Limitation, expiration, and renewal of licenses.

135J.6 Limitation, expiration, and renewal of licenses.
Licenses for hospice programs shall be issued only for the premises, person, hospital, or facility named in the application and are not transferable or assignable. A license, unless sooner suspended or revoked, shall expire two years after the date of issuance and shall be renewed biennially upon an application by the licensee. Application for renewal shall be made in writing to the department at least thirty days prior to the expiration of the license. The fee for a license renewal shall be determined by the department. Licensed hospice programs which have allowed their licenses to lapse through failure to make timely application for renewal shall pay an additional fee of twenty-five percent of the biennial license fee.
84 Acts, ch 1284, §5
C85, §135.93
85 Acts, ch 67, §17; 89 Acts, ch 122, §1; 90 Acts, ch 1204, §66
C91, §135J.6
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135J - LICENSED HOSPICE PROGRAMS › Section 135J.7 - Rules.

135J.7 Rules.
Except as otherwise provided in this chapter, the department shall adopt rules pursuant to chapter 17A necessary to implement this chapter, subject to approval of the state board of health. Formulation of the rules shall include consultation with Iowa hospice organization representatives and other persons affected by this chapter.
84 Acts, ch 1284, §8
C85, §135.96
87 Acts, ch 8, §3; 90 Acts, ch 1204, §66
C91, §135J.7
2005 Acts, ch 3, §35
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135K - BACKFLOW PREVENTION ASSEMBLY TESTERS › Section 135K.1 - Definitions.

135K.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Approved course” means a course covering the testing and repair of backflow prevention assemblies which has been approved by the department.
2. “Backflow prevention assembly” means a device or means to prevent backflow into the potable water system.
3. “Department” means the Iowa department of public health.
4. “Registered backflow prevention assembly tester” means a person who has successfully completed an approved course and has registered with the department.
92 Acts, ch 1204, §1
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135K - BACKFLOW PREVENTION ASSEMBLY TESTERS › Section 135K.4 - Powers and duties.

135K.4 Powers and duties.
The department shall adopt rules in accordance with chapter 17A, which provide for all of the following:
1. The establishment of minimum qualifications for registered backflow prevention assembly testers.
2. The establishment of minimum standards for approved courses.
3. The establishment and collection of fees to defray the cost of administering this chapter.
4. The provision of a listing of registered backflow prevention assembly testers to local health officials.
5. The administration and enforcement of this chapter.
92 Acts, ch 1204, §4
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135K - BACKFLOW PREVENTION ASSEMBLY TESTERS › Section 135K.6 - Enforcement.

135K.6 Enforcement.
1. The department shall investigate complaints regarding backflow prevention assembly testers. If the department determines that a provision of this chapter regarding the requirements for a backflow prevention assembly tester has been violated, the department may order a person not to test or repair backflow prevention assemblies or may revoke the registration of a registered backflow prevention assembly tester until the necessary corrective action has been taken.
2. The department shall investigate complaints regarding courses covering the testing and repair of backflow prevention assemblies. If the department determines that a provision of this chapter regarding approved courses has been violated, the department may revoke the approval of a course until the necessary corrective action has been taken.
92 Acts, ch 1204, §6
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135L - NOTIFICATION REQUIREMENTS REGARDING PREGNANT MINORS › Section 135L.1 - Definitions.

135L.1 Definitions.
As used in this chapter unless the context otherwise requires:
1. “Abortion” means an abortion as defined in chapter 146.
2. “Adult” means a person eighteen years of age or older.
3. “Child-placing agency” means any agency, public, semipublic, or private, which represents itself as placing children, receiving children for placement, or actually engaging in placement of children and includes the department of human services.
4. “Court” means the juvenile court.
5. “Grandparent” means the parent of an individual who is the parent of the pregnant minor.
6. “Medical emergency” means a condition which, based upon a physician’s judgment, necessitates an abortion to avert the pregnant minor’s death, or for which a delay will create a risk of serious impairment of a major bodily function.
7. “Minor” means a person under eighteen years of age who has not been and is not married.
8. “Parent” means one parent or a legal guardian or custodian of a pregnant minor.
9. “Responsible adult” means an adult, who is not associated with an abortion provider, chosen by a pregnant minor to assist the minor in the decision-making process established in this chapter.
96 Acts, ch 1011, §1, 14; 97 Acts, ch 173, §1
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135L - NOTIFICATION REQUIREMENTS REGARDING PREGNANT MINORS › Section 135L.6 - Fraudulent practice.

135L.6 Fraudulent practice.
A person who does any of the following is guilty of a fraudulent practice in the fourth degree pursuant to section 714.12:
1. Knowingly tenders a false original or copy of the signed and dated certification form described in section 135L.2, to be retained by the licensed physician.
2. Knowingly tenders a false original or copy of the notification document mailed to a parent or grandparent of the pregnant minor under this chapter, or a false original or copy of the order waiving notification relative to the performance of an abortion on a pregnant minor.
96 Acts, ch 1011, §7, 14; 96 Acts, ch 1174, §5; 97 Acts, ch 173, §12
Referred to in §135L.2
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135L - NOTIFICATION REQUIREMENTS REGARDING PREGNANT MINORS › Section 135L.7 - Immunities.

135L.7 Immunities.
1. With the exception of the civil liability which may apply to a grandparent of a pregnant minor who accepts notification under this chapter, a person is immune from any liability, civil or criminal, for any act, omission, or decision made in connection with a good faith effort to comply with the provisions of this chapter.
2. This section shall not be construed to limit civil liability of a person for any act, omission, or decision made in relation to the performance of a medical procedure on a pregnant minor.
96 Acts, ch 1011, §8, 14; 97 Acts, ch 173, §13
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135L - NOTIFICATION REQUIREMENTS REGARDING PREGNANT MINORS › Section 135L.8 - Adoption of rules — implementation and documents.

135L.8 Adoption of rules — implementation and documents.
The Iowa department of public health shall adopt rules to implement the notification procedures pursuant to this chapter including but not limited to rules regarding the documents necessary for notification of a parent or grandparent of a pregnant minor who is designated to receive notification under this chapter.
96 Acts, ch 1011, §9, 14; 97 Acts, ch 173, §14
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135M - PRESCRIPTION DRUG DONATION REPOSITORY › Section 135M.1 - Purpose.

135M.1 Purpose.
The purpose of this chapter is to improve the health of low-income Iowans and Iowans who have been victims of a state of disaster emergency proclaimed by the governor pursuant to section 29C.6 or a public health disaster as defined in section 135.140, subsection 6, through a prescription drug donation repository that authorizes medical facilities, pharmacies, and the department to redispense prescription drugs and supplies that would otherwise be destroyed.
2005 Acts, ch 97, §1; 2009 Acts, ch 127, §1
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135M - PRESCRIPTION DRUG DONATION REPOSITORY › Section 135M.2 - Definitions.

135M.2 Definitions.
1. “Anti-rejection drug” means a prescription drug that suppresses the immune system to prevent or reverse rejection of a transplanted organ.
2. “Cancer drug” means a prescription drug that is used to treat any of the following:
a. Cancer or the side effects of cancer.
b. The side effects of any prescription drug that is used to treat cancer or the side effects of cancer.
3. “Controlled substance” means the same as defined in section 155A.3.
4. “Department” means the Iowa department of public health.
5. “Indigent” means a person with an income that is below two hundred percent of the federal poverty level as defined by the most recently revised poverty income guidelines published by the United States department of health and human services.
6. “Medical facility” means any of the following:
a. A physician’s office.
b. A hospital.
c. A health clinic.
d. A nonprofit health clinic which includes a federally qualified health center as defined in 42 U.S.C. §1396d(l)(2)(B); a rural health clinic as defined in 42 U.S.C. §1396d(l)(1); and a nonprofit health clinic that provides medical care to patients who are indigent, uninsured, or underinsured.
e. A free clinic as defined in section 135.24.
f. A charitable organization as defined in section 135.24.
g. A nursing facility as defined in section 135C.1.
7. “Pharmacy” means a pharmacy as defined in section 155A.3.
8. “Prescription drug” means the same as defined in section 155A.3, and includes cancer drugs and anti-rejection drugs, but does not include controlled substances.
9. “Supplies” means the supplies necessary to administer the prescription drugs donated.
2005 Acts, ch 97, §2
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135M - PRESCRIPTION DRUG DONATION REPOSITORY › Section 135M.3 - Prescription drug donation repository program authorized.

135M.3 Prescription drug donation repository program authorized.
1. The department, in cooperation with the board of pharmacy, may establish and maintain a prescription drug donation repository program under which any person may donate prescription drugs and supplies for use by an individual who meets eligibility criteria specified by the department by rule. The department may contract with a third party to implement and administer the program.
2. Donations of prescription drugs and supplies under the program may be made on the premises of a medical facility or pharmacy that elects to participate in the program and meets the requirements established by the department.
3. The medical facility or pharmacy may charge an individual who receives a prescription drug or supplies a handling fee that shall not exceed an amount established by rule by the department.
4. a. A medical facility or pharmacy that receives prescription drugs or supplies may distribute the prescription drugs or supplies to another eligible medical facility or pharmacy for use pursuant to the program.
b. The department may receive prescription drugs or supplies directly from the prescription drug donation repository contractor and may distribute such prescription drugs and supplies through persons licensed to dispense prescription drugs and supplies to an eligible individual for use by the individual pursuant to the program. The department may receive and distribute such prescription drugs or supplies under this paragraph during or in preparation for a state of disaster emergency proclaimed by the governor pursuant to section 29C.6 or during or in preparation for a public health disaster as defined in section 135.140, subsection 6.
5. Participation in the program shall be voluntary.
2005 Acts, ch 97, §3; 2007 Acts, ch 10, §22; 2009 Acts, ch 127, §2
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135M - PRESCRIPTION DRUG DONATION REPOSITORY › Section 135M.5 - Exemption from disciplinary action, civil liability, and criminal prosecution.

135M.5 Exemption from disciplinary action, civil liability, and criminal prosecution.
1. A drug manufacturer acting reasonably and in good faith, is not subject to criminal prosecution or civil liability for injury, death, or loss to a person or property for matters related to the donation, acceptance, or dispensing of a prescription drug manufactured by the drug manufacturer that is donated under this chapter, including liability for failure to transfer or communicate product or consumer information or the expiration date of the donated prescription drug.
2. Except as provided in subsection 3, a person including the department or the department’s employees, agents, or volunteers, but not a drug manufacturer subject to subsection 1, acting reasonably and in good faith, is immune from civil liability and criminal prosecution for injury to or the death of an individual to whom a donated prescription drug is dispensed under this chapter and shall be exempt from disciplinary action related to the person’s acts or omissions related to the donation, acceptance, distribution, or dispensing of a donated prescription drug under this chapter.
3. The immunity and exemption provided in subsection 2 do not extend to any of the following:
a. The donation, acceptance, distribution, or dispensing of a donated prescription drug under this chapter by a person if the person’s acts or omissions are not performed reasonably and in good faith.
b. To acts or omissions outside the scope of the program.
2005 Acts, ch 97, §5; 2009 Acts, ch 127, §4
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135M - PRESCRIPTION DRUG DONATION REPOSITORY › Section 135M.6 - Sample prescription drugs.

135M.6 Sample prescription drugs.
This chapter shall not be construed to restrict the use of samples by a physician or other person legally authorized to prescribe drugs under state and federal law during the course of the physician’s or other person’s duties at a medical facility or pharmacy.
2005 Acts, ch 97, §6; 2005 Acts, ch 179, §119
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 135O - BOARDING HOMES › Section 135O.1 - Definitions.

135O.1 Definitions.
For the purposes of this chapter unless the context otherwise requires:
1. “Boarding home” means a premises used by its owner or lessee for the purpose of letting rooms for rental to three or more persons not related within the third degree of consanguinity to the owner or lessee where supervision or assistance with activities of daily living is provided to such persons. A boarding home does not include a facility, home, or program otherwise subject to licensure or regulation by the department of human services, department of inspections and appeals, or department of public health.
2. “Department” means the department of inspections and appeals.
3. “Premises” means the same as defined in section 562A.6.
2009 Acts, ch 136, §3