reglab/statecodes huggingface dataset:
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144 - VITAL STATISTICS › Section 144.48 - Institutions — dead persons.

144.48 Institutions — dead persons.
When a dead human body is released or disposed of by an institution, the person in charge of the institution shall keep a record showing the name of the deceased, date of death, name and address of the person to whom the body is released, date of removal from the institution, or if finally disposed of by the institution, the date, place, and manner of disposition shall be recorded.
[C24, 27, 31, 35, 39, §2407; C46, 50, 54, 58, 62, 66, §144.22; C71, 73, 75, 77, 79, 81, §144.48]
Referred to in §144.50
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144 - VITAL STATISTICS › Section 144.49 - Additional record by funeral director.

144.49 Additional record by funeral director.
A funeral director or other person who removes from the place of death or transports or finally disposes of a dead body or fetus, in addition to filing any certificate or other form required by this chapter, shall keep a record which shall identify the body, and information pertaining to the funeral director’s or other person’s receipt, removal, and delivery of the body as prescribed by the department.
[C24, 27, 31, 35, 39, §2414; C46, 50, 54, 58, 62, 66, §144.29; C71, 73, 75, 77, 79, 81, §144.49]
Referred to in §144.50
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144 - VITAL STATISTICS › Section 144.50 - Length of time records to be kept.

144.50 Length of time records to be kept.
Records maintained under sections 144.47 through 144.49 shall be retained for a period of not less than ten years and shall be made available for inspection by the state registrar or the state registrar’s representative upon demand.
[C71, 73, 75, 77, 79, 81, §144.50]
2021 Acts, ch 80, §75
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144 - VITAL STATISTICS › Section 144.51 - Information by others furnished on demand.

144.51 Information by others furnished on demand.
Any person having knowledge of the facts shall furnish information the person possesses regarding any birth, death, fetal death, adoption, marriage, dissolution, or annulment, upon demand of the state registrar or the state registrar’s representative.
[C24, 27, 31, 35, 39, §2403, 2414; C46, 50, 54, 58, 62, 66, §144.18, 144.29; C71, 73, 75, 77, 79, 81, §144.51]
83 Acts, ch 101, §24
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144 - VITAL STATISTICS › Section 144.52 - Unlawful acts — punishment.

144.52 Unlawful acts — punishment.
Any person committing any of the following acts is guilty of a serious misdemeanor:
1. Willfully and knowingly makes any false statement in a report, record, or certificate required to be filed under this chapter, or in an application for an amendment thereof, or willfully and knowingly supplies false information intending that such information be used in the preparation of any such report, record, or certificate, or amendment thereof.
2. Without lawful authority and with the intent to deceive, makes, alters, amends, or mutilates any report, record, or certificate required to be filed under this chapter or a certified copy of such report, record, or certificate.
3. Willfully and knowingly uses or attempts to use or furnish to another for use for any purpose of deception, any certificate, record, report, or certified copy thereof so made, altered, amended, or mutilated.
4. Willfully, with the intent to deceive, uses or attempts to use any certificate of birth or certified copy of a record of birth knowing that such certificate or certified copy was issued upon a record which is false in whole or in part or which relates to the birth of another person.
5. Willfully and knowingly furnishes a certificate of birth or certified copy of a record of birth with the intention that it be used by a person other than the person whose birth the record relates.
6. Disinterring a body in violation of section 144.34.
7. Knowingly violates a provision of section 144.29A.
[C24, 27, 31, 35, 39, §2349, 2350, 2436; C46, 50, 54, 58, 62, 66, §141.33, 141.34, 144.53, 144.54; C71, 73, 75, 77, 79, 81, §144.52]
97 Acts, ch 172, §2
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144 - VITAL STATISTICS › Section 144.53 - Other acts — simple misdemeanors.

144.53 Other acts — simple misdemeanors.
Any person committing any of the following acts is guilty of a simple misdemeanor:
1. Knowingly transports or accepts for transportation, interment, or other disposition a dead body without an accompanying permit as provided in this chapter.
2. Refuses to provide information required by this chapter.
3. Willfully violates any of the provisions of this chapter or refuses to perform any of the duties imposed upon the person by this chapter.
[C24, 27, 31, 35, 39, §2350, 2436; C46, 50, 54, 58, 62, 66, §141.34, 144.53; C71, 73, 75, 77, 79, 81, §144.53]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144 - VITAL STATISTICS › Section 144.54 - Report to county attorney.

144.54 Report to county attorney.
The department shall report cases of alleged violations to the proper county attorney, with a statement of the facts and circumstances, for such action as is appropriate.
[C27, 31, 35, 39, §2434; C46, 50, 54, 58, 62, 66, §144.51; C71, 73, 75, 77, 79, 81, §144.54]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144 - VITAL STATISTICS › Section 144.55 - Attorney general to assist in enforcement.

144.55 Attorney general to assist in enforcement.
Upon request of the department, the attorney general shall assist in the enforcement of the provisions of this chapter.
[C24, 27, 31, 35, 39, §2435; C46, 50, 54, 58, 62, 66, §144.52; C71, 73, 75, 77, 79, 81, §144.55]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144 - VITAL STATISTICS › Section 144.56 - Autopsy.

144.56 Autopsy.
1. An autopsy or postmortem examination may be performed upon the body of a deceased person by a physician whenever the written consent to the examination or autopsy has been obtained from the person authorized to control the deceased person’s remains under section 144C.5.
2. This section does not apply to any death investigated under the authority of sections 331.802 through 331.804.
[C75, 77, 79, 81, S81, §144.56; 81 Acts, ch 117, §1207]
2008 Acts, ch 1051, §3, 22; 2021 Acts, ch 80, §76
Referred to in §144.57
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144 - VITAL STATISTICS › Section 144.57 - Public safety officer death — required notice — autopsy.

144.57 Public safety officer death — required notice — autopsy.
A person who is authorized to pronounce individuals dead is required to inform one of the persons authorized to request an autopsy, as provided in section 144.56, that an autopsy will be required if the individual who died was a public safety officer who may have died in the line of duty and an eligible beneficiary of the deceased seeks to claim a federal public safety officer death benefit.*
2005 Acts, ch 174, §19
*Public safety officers’ death benefits, see 34 U.S.C. §10281
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144A - LIFE-SUSTAINING PROCEDURES › Section 144A.4 - Revocation of declaration.

144A.4 Revocation of declaration.
1. A declaration may be revoked at any time and in any manner by which the declarant is able to communicate the declarant’s intent to revoke, without regard to mental or physical condition. A revocation is only effective as to the attending physician or attending physician assistant upon communication to such physician or physician assistant by the declarant or by another to whom the revocation was communicated.
2. The attending physician or attending physician assistant shall make the revocation a part of the declarant’s medical record.
85 Acts, ch 3, §5; 2022 Acts, ch 1066, §13
Referred to in §144A.10
Section amended
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144A - LIFE-SUSTAINING PROCEDURES › Section 144A.5 - Determination of terminal condition.

144A.5 Determination of terminal condition.
When an attending physician who has been provided with a declaration determines that the declarant is in a terminal condition, this decision must be confirmed by another physician. The attending physician must record that determination in the declarant’s medical record.
85 Acts, ch 3, §6
Referred to in §144A.8
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144A - LIFE-SUSTAINING PROCEDURES › Section 144A.6 - Treatment of qualified patients.

144A.6 Treatment of qualified patients.
1. A qualified patient has the right to make decisions regarding use of life-sustaining procedures as long as the qualified patient is able to do so. If a qualified patient is not able to make such decisions, the declaration shall govern decisions regarding use of life-sustaining procedures.
2. The declaration of a qualified patient known to the attending physician to be pregnant shall not be in effect as long as the fetus could develop to the point of live birth with continued application of life-sustaining procedures. However, the provisions of this subsection do not impair any existing rights or responsibilities that any person may have in regard to the withholding or withdrawal of life-sustaining procedures.
85 Acts, ch 3, §7
Referred to in §144A.8
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144A - LIFE-SUSTAINING PROCEDURES › Section 144A.7 - Procedure in absence of declaration.

144A.7 Procedure in absence of declaration.
1. Life-sustaining procedures may be withheld or withdrawn from a patient who is in a terminal condition and who is comatose, incompetent, or otherwise physically or mentally incapable of communication and has not made a declaration in accordance with this chapter if there is consultation and written agreement for the withholding or the withdrawal of life-sustaining procedures between the attending physician and any of the following individuals, who shall be guided by the express or implied intentions of the patient, in the following order of priority if no individual in a prior class is reasonably available, willing, and competent to act:
a. The attorney in fact designated to make treatment decisions for the patient should such person be diagnosed as suffering from a terminal condition, if the designation is in writing and complies with chapter 144B.
b. The guardian of the person of the patient if one has been appointed, provided court approval is obtained in accordance with section 232D.401, subsection 4, paragraph “a”, or section 633.635, subsection 3, paragraph “b”, subparagraph (1). This paragraph does not require the appointment of a guardian in order for a treatment decision to be made under this section.
c. The patient’s spouse.
d. An adult child of the patient or, if the patient has more than one adult child, a majority of the adult children who are reasonably available for consultation.
e. A parent of the patient, or parents if both are reasonably available.
f. An adult sibling.
2. When a decision is made pursuant to this section to withhold or withdraw life-sustaining procedures, there shall be a witness present at the time of the consultation when that decision is made.
3. Subsections 1 and 2 shall not be in effect for a patient who is known to the attending physician to be pregnant with a fetus that could develop to the point of live birth with continued application of life-sustaining procedures. However, the provisions of this subsection do not impair any existing rights or responsibilities that any person may have in regard to the withholding or withdrawal of life-sustaining procedures.
85 Acts, ch 3, §8; 87 Acts, ch 100, §1; 2002 Acts, ch 1061, §4; 2005 Acts, ch 38, §55; 2014 Acts, ch 1078, §1; 2020 Acts, ch 1063, §61
Referred to in §144A.8, 144D.1, 144D.4
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144A - LIFE-SUSTAINING PROCEDURES › Section 144A.8 - Transfer of patients.

144A.8 Transfer of patients.
1. An attending physician who is unwilling to comply with the requirements of section 144A.5, or who is unwilling to comply with the declaration of a qualified patient in accordance with section 144A.6 or an out-of-hospital do-not-resuscitate order pursuant to section 144A.7A, or who is unwilling to comply with the provisions of section 144A.7 or 144A.7A shall take all reasonable steps to effect the transfer of the patient to another physician.
2. If the policies of a health care provider preclude compliance with the declaration or out-of-hospital do-not-resuscitate order of a qualified patient under this chapter or preclude compliance with the provisions of section 144A.7 or 144A.7A, the provider shall take all reasonable steps to effect the transfer of the patient to a facility in which the provisions of this chapter can be carried out.
85 Acts, ch 3, §9; 2002 Acts, ch 1061, §6
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144A - LIFE-SUSTAINING PROCEDURES › Section 144A.9 - Immunities.

144A.9 Immunities.
1. In the absence of actual notice of the revocation of a declaration or of an out-of-hospital do-not-resuscitate order, the following, while acting in accordance with the requirements of this chapter, are not subject to civil or criminal liability or guilty of unprofessional conduct:
a. A physician who causes the withholding or withdrawal of life-sustaining procedures from a qualified patient.
b. The health care provider in which such withholding or withdrawal occurs.
c. A person who participates in the withholding or withdrawal of life-sustaining procedures under the direction of or with the authorization of a physician.
2. A physician is not subject to civil or criminal liability for actions under this chapter which are in accord with reasonable medical standards.
3. Any person, institution or facility against whom criminal or civil liability is asserted because of conduct in compliance with this chapter may interpose this chapter as an absolute defense.
4. In the absence of actual notice of the revocation of an out-of-hospital do-not-resuscitate order, a health care provider who complies with this chapter is not subject to civil or criminal liability or guilty of unprofessional conduct in entering, executing, or otherwise participating in an out-of-hospital do-not-resuscitate order.
85 Acts, ch 3, §10; 2002 Acts, ch 1061, §7, 8
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144A - LIFE-SUSTAINING PROCEDURES › Section 144A.10 - Penalties.

144A.10 Penalties.
1. Any person who willfully conceals, withholds, cancels, destroys, alters, defaces, or obliterates the declaration, out-of-hospital do-not-resuscitate order, or out-of-hospital do-not-resuscitate identifier of another without the declarant’s or patient’s consent or who falsifies or forges a revocation of the declaration or out-of-hospital do-not-resuscitate order of another is guilty of a serious misdemeanor.
2. Any person who falsifies or forges the declaration or out-of-hospital do-not-resuscitate order of another, or willfully conceals or withholds personal knowledge of or delivery of a revocation as provided in section 144A.4 or 144A.7A, with the intent to cause a withholding or withdrawal of life-sustaining procedures, is guilty of a serious misdemeanor.
85 Acts, ch 3, §11; 2002 Acts, ch 1061, §9
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144A - LIFE-SUSTAINING PROCEDURES › Section 144A.11 - General provisions.

144A.11 General provisions.
1. Death resulting from the withholding or withdrawal of life-sustaining procedures pursuant to a declaration or out-of-hospital do-not-resuscitate order and in accordance with this chapter does not, for any purpose, constitute a suicide, homicide, or dependent adult abuse.
2. The executing of a declaration pursuant to section 144A.3 or an out-of-hospital do-not-resuscitate order pursuant to section 144A.7A does not affect in any manner the sale, procurement, or issuance of any policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance. No policy of life insurance is legally impaired or invalidated in any manner by the withholding or withdrawal of life-sustaining procedures pursuant to this chapter, notwithstanding any term of the policy to the contrary.
3. A physician, health care provider, health care service plan, insurer issuing disability insurance, self-insured employee welfare benefit plan, or nonprofit hospital plan shall not require any person to execute a declaration or an out-of-hospital do-not-resuscitate order as a condition for being insured for, or receiving, health care services.
4. This chapter creates no presumption concerning the intention of an individual who has not executed a declaration or an out-of-hospital do-not-resuscitate order with respect to the use, withholding, or withdrawal of life-sustaining procedures in the event of a terminal condition.
5. This chapter shall not be interpreted to increase or decrease the right of a patient to make decisions regarding use of life-sustaining procedures as long as the patient is able to do so, nor to impair or supersede any right or responsibility that any person has to effect the withholding or withdrawal of medical care in any lawful manner. In that respect, the provisions of this chapter are cumulative.
6. This chapter shall not be construed to condone, authorize or approve mercy killing or euthanasia, or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying.
85 Acts, ch 3, §12; 2002 Acts, ch 1061, §10
Dependent adult abuse, chapter 235B
Homicide, chapter 707
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144A - LIFE-SUSTAINING PROCEDURES › Section 144A.12 - Application to existing declarations.

144A.12 Application to existing declarations.
A declaration executed prior to April 23, 1992, shall remain valid and shall be given effect in accordance with the then-applicable provisions of this chapter. If a declaration executed prior to April 23, 1992, includes a provision which would not have been given effect under this chapter prior to April 23, 1992, but which would be given effect under
1992 Acts, ch. 1132
, then the provision shall be given effect in accordance with
1992 Acts, ch. 1132
.
92 Acts, ch 1132, §5; 2014 Acts, ch 1026, §143
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144B - DURABLE POWER OF ATTORNEY FOR HEALTH CARE › Section 144B.1 - Definitions.

144B.1 Definitions.
For purposes of this chapter, unless the context otherwise requires:
1. “Attorney in fact” means an individual who is designated by a durable power of attorney for health care as an agent to make health care decisions on behalf of a principal and has consented to act in that capacity.
2. “Designee” means a person named in a declaration under chapter 144C.
3. “Durable power of attorney for health care” means a document authorizing an attorney in fact to make health care decisions for the principal if the principal is unable, in the judgment of the attending physician or attending physician assistant, to make health care decisions.
4. “Health care” means any care, treatment, service, or procedure to maintain, diagnose, or treat an individual’s physical or mental condition. “Health care” does not include the provision of nutrition or hydration except when they are required to be provided parenterally or through intubation.
5. “Health care decision” means the consent, refusal of consent, or withdrawal of consent to health care.
6. “Health care provider” means a person who is licensed, certified, or otherwise authorized or permitted by the law of this state to administer health care in the ordinary course of business or in the practice of a profession.
7. “Principal” means a person age eighteen or older who has executed a durable power of attorney for health care.
91 Acts, ch 140, §1; 2008 Acts, ch 1051, §4, 22; 2017 Acts, ch 30, §1, 4; 2022 Acts, ch 1066, §16
Referred to in §135N.1, 141A.1, 321.189
[ ()]Subsection 3 amended
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144B - DURABLE POWER OF ATTORNEY FOR HEALTH CARE › Section 144B.2 - Durable power of attorney for health care.

144B.2 Durable power of attorney for health care.
A durable power of attorney for health care authorizes the attorney in fact to make health care decisions for the principal if the durable power of attorney for health care substantially complies with the requirements of this chapter. A document executed prior to May 8, 1991, purporting to create a durable power of attorney for health care shall be deemed valid if the document specifically authorizes the attorney in fact to make health care decisions and is signed by the principal.
91 Acts, ch 140, §2
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144B - DURABLE POWER OF ATTORNEY FOR HEALTH CARE › Section 144B.3 - Requirements.

144B.3 Requirements.
1. An attorney in fact shall make health care decisions only if the following requirements are satisfied:
a. The durable power of attorney for health care explicitly authorizes the attorney in fact to make health care decisions.
b. The durable power of attorney for health care contains the date of its execution and is witnessed or acknowledged by one of the following methods:
(1) Is signed by at least two individuals who, in the presence of each other and the principal, witnessed the signing of the instrument by the principal or by another person acting on behalf of the principal at the principal’s direction.
(2) Is acknowledged before a notarial officer within this state as provided in chapter 9B.
2. The following individuals shall not be witnesses for a durable power of attorney for health care:
a. A health care provider attending the principal on the date of execution.
b. An employee of a health care provider attending the principal on the date of execution.
c. The individual designated in the durable power of attorney for health care as the attorney in fact.
d. An individual who is less than eighteen years of age.
3. At least one of the witnesses for a durable power of attorney for health care shall be an individual who is not a relative of the principal by blood, marriage, or adoption within the third degree of consanguinity.
4. A durable power of attorney for health care or similar document executed in another state or jurisdiction in compliance with the law of that state or jurisdiction shall be deemed valid and enforceable in this state, to the extent the document is consistent with the laws of this state. A durable power of attorney or similar document executed by a veteran of the armed forces which is in compliance with the federal department of veterans affairs advance directive requirements shall be deemed valid and enforceable.
91 Acts, ch 140, §3; 98 Acts, ch 1083, §2; 2012 Acts, ch 1050, §38, 60
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144B - DURABLE POWER OF ATTORNEY FOR HEALTH CARE › Section 144B.4 - Individuals ineligible to be attorney in fact.

144B.4 Individuals ineligible to be attorney in fact.
The following individuals shall not be designated as the attorney in fact to make health care decisions under a durable power of attorney for health care:
1. A health care provider attending the principal on the date of execution.
2. An employee of a health care provider attending the principal on the date of execution unless the individual to be designated is related to the principal by blood, marriage, or adoption within the third degree of consanguinity.
91 Acts, ch 140, §4
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144B - DURABLE POWER OF ATTORNEY FOR HEALTH CARE › Section 144B.5 - Durable power of attorney for health care — form.

144B.5 Durable power of attorney for health care — form.
1. A durable power of attorney for health care executed pursuant to this chapter may, but need not, be in the following form:
I hereby designate ................................ as my attorney in fact (my agent) and give to my agent the power to make health care decisions for me. This power exists only when I am unable, in the judgment of my attending physician or attending physician assistant, to make those health care decisions. The attorney in fact must act consistently with my desires as stated in this document or otherwise made known.
Except as otherwise specified in this document, this document gives my agent the power, where otherwise consistent with the law of this state, to consent to my physician or physician assistant not giving health care or stopping health care which is necessary to keep me alive.
This document gives my agent power to make health care decisions on my behalf, including to consent, to refuse to consent, or to withdraw consent to the provision of any care, treatment, service, or procedure to maintain, diagnose, or treat a physical or mental condition. This power is subject to any statement of my desires and any limitations included in this document.
My agent has the right to examine my medical records and to consent to disclosure of such records.
2. In addition to the foregoing, the principal may provide specific instructions in the document conferring the durable power of attorney for health care, consistent with the provisions of this chapter.
3. The principal may include a statement indicating that the designated attorney in fact has been notified of and consented to the designation.
4. A durable power of attorney for health care may designate one or more alternative attorneys in fact.
5. A durable power of attorney for health care may include a declaration under chapter 144C that names a designee and alternate designees who may be different persons than the attorney in fact or alternate attorneys in fact who are designated in the durable power of attorney for health care.
91 Acts, ch 140, §5; 2008 Acts, ch 1051, §5, 22; 2022 Acts, ch 1066, §17
Subsection 1 amended
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144B - DURABLE POWER OF ATTORNEY FOR HEALTH CARE › Section 144B.6 - Attorney in fact — priority to make decisions.

144B.6 Attorney in fact — priority to make decisions.
1. Unless the district court sitting in equity specifically finds that the attorney in fact is acting in a manner contrary to the wishes of the principal or the durable power of attorney for health care provides otherwise, an attorney in fact who is known to the health care provider to be available and willing to make health care decisions has priority over any other person, including a guardian appointed pursuant to chapter 633, to act for the principal in all matters of health care decisions. The attorney in fact has authority to make a particular health care decision only if the principal is unable, in the judgment of the attending physician or attending physician assistant, to make the health care decision. If the principal objects to a decision to withhold or withdraw health care, the principal shall be presumed to be able to make a decision.
2. In exercising the authority under the durable power of attorney for health care, the attorney in fact has a duty to act in accordance with the desires of the principal as expressed in the durable power of attorney for health care or otherwise made known to the attorney in fact at any time. A declaration executed by the principal pursuant to the life-sustaining procedures Act, chapter 144A, shall not be interpreted as expressing an intent to prohibit the withdrawal of hydration or nutrition when required to be provided parenterally or through intubation and shall not otherwise restrict the authority of the attorney in fact unless either the declaration or the durable power of attorney for health care expressly provides otherwise. If the principal’s desires are unknown, the attorney in fact has a duty to act in the best interests of the principal, taking into account the principal’s overall medical condition and prognosis.
91 Acts, ch 140, §6; 2022 Acts, ch 1066, §18
Subsection 1 amended
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144B - DURABLE POWER OF ATTORNEY FOR HEALTH CARE › Section 144B.7 - Authority to review medical records.

144B.7 Authority to review medical records.
Except as limited by the durable power of attorney for health care, an attorney in fact has the same right as the principal to receive and review medical records of the principal, and to consent to the disclosure of medical records of the principal when acting pursuant to the durable power of attorney for health care.
91 Acts, ch 140, §7
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144B - DURABLE POWER OF ATTORNEY FOR HEALTH CARE › Section 144B.8 - Revocation of durable power of attorney.

144B.8 Revocation of durable power of attorney.
1. A durable power of attorney for health care may be revoked at any time and in any manner by which the principal is able to communicate the intent to revoke, without regard to mental or physical condition. Revocation may be by notifying the attorney in fact orally or in writing. Revocation may also be made by notifying a health care provider orally or in writing while that provider is engaged in providing health care to the principal. A revocation is only effective as to a health care provider upon its communication to the provider by the principal or by another to whom the principal has communicated revocation. The health care provider shall document the revocation in the treatment records of the principal.
2. The principal is presumed to have the capacity to revoke a durable power of attorney for health care.
3. Unless it provides otherwise, a valid durable power of attorney for health care revokes any prior durable power of attorney for health care.
4. If authority granted by a durable power of attorney for health care is revoked under this section, an individual is not subject to criminal prosecution or civil liability for acting in good faith reliance upon the durable power of attorney for health care unless the individual has actual knowledge of the revocation.
5. The fact of execution and subsequent revocation of a durable power of attorney shall have no effect upon subsequent health care decisions made in accordance with accepted principles of law and standards of medical care governing those decisions.
91 Acts, ch 140, §8
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144B - DURABLE POWER OF ATTORNEY FOR HEALTH CARE › Section 144B.9 - Immunities and responsibilities.

144B.9 Immunities and responsibilities.
1. A health care provider is not subject to criminal prosecution, civil liability, or professional disciplinary action if the health care provider relies on a health care decision and both of the following requirements are satisfied:
a. The decision is made by an attorney in fact who the health care provider believes in good faith is authorized to make the decision.
b. The health care provider believes in good faith that the decision is not inconsistent with the desires of the principal as expressed in the durable power of attorney for health care or otherwise made known to the health care provider, and, if the decision is to withhold or withdraw health care necessary to keep the principal alive, the health care provider has provided an opportunity for the principal to object to the decision.
2. Notwithstanding a contrary health care decision of the attorney in fact, the health care provider is not subject to criminal prosecution, civil liability, or professional disciplinary action for failing to withhold or withdraw health care necessary to keep the principal alive. However, the attorney in fact may make provisions to transfer the responsibility for the care of the principal to another health care provider.
3. An attorney in fact is not subject to criminal prosecution or civil liability for any health care decision made in good faith pursuant to a durable power of attorney for health care.
4. It shall be presumed that an attorney in fact, and a health care provider acting pursuant to the direction of an attorney in fact, are acting in good faith and in the best interests of the principal absent clear and convincing evidence to the contrary.
5. For purposes of this section, acting in “good faith” means acting consistent with the desires of the principal as expressed in the durable power of attorney for health care or otherwise made known to the attorney in fact, or where those desires are unknown, acting in the best interests of the principal, taking into account the principal’s overall medical condition and prognosis.
6. A health care provider or attorney in fact may presume that a durable power of attorney for health care is valid absent actual knowledge to the contrary.
91 Acts, ch 140, §9
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144B - DURABLE POWER OF ATTORNEY FOR HEALTH CARE › Section 144B.11 - Prohibited practices.

144B.11 Prohibited practices.
1. A health care provider, health care service plan, insurer, self-insured employee welfare benefit plan, or nonprofit hospital plan shall not condition admission to a facility, or the providing of treatment, or insurance, on the requirement that an individual execute a durable power of attorney for health care.
2. A policy of life insurance shall not be legally impaired or invalidated in any manner by the withholding or withdrawing of health care pursuant to the direction of an attorney in fact appointed pursuant to this chapter.
91 Acts, ch 140, §11
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144B - DURABLE POWER OF ATTORNEY FOR HEALTH CARE › Section 144B.12 - General provisions.

144B.12 General provisions.
1. This chapter does not create a presumption concerning the intention of an individual who has not executed a durable power of attorney for health care and does not impair or supersede any right or responsibility of an individual to consent, refuse to consent, or withdraw consent to health care on behalf of another in the absence of a durable power of attorney for health care.
2. This chapter shall not be construed to condone, authorize, or approve any affirmative or deliberate act or omission which would constitute mercy killing or euthanasia.
3. If after executing a durable power of attorney for health care designating a spouse as attorney in fact, the marriage between the principal and the attorney in fact is dissolved, the power is thereby revoked. In the event of remarriage to each other, the power is reinstated unless otherwise revoked by the principal.
4. It is the responsibility of the principal to provide for notification of a health care provider of the terms of the principal’s durable power of attorney for health care.
91 Acts, ch 140, §12
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144C - FINAL DISPOSITION ACT › Section 144C.2 - Definitions.

144C.2 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Adult” means a person who is married or who is eighteen years of age or older.
2. “Adult day services program” means adult day services program as defined in section 231D.1.
3. “Assisted living program” means an assisted living program under chapter 231C.
4. “Ceremony” means a formal act or set of formal acts established by custom or authority to commemorate a decedent.
5. “Child” means a son or daughter of a person, whether by birth or adoption.
6. “Decedent” means a deceased adult.
7. “Declarant” means a competent adult who executes a declaration pursuant to this chapter.
8. “Declaration” means a written instrument that is executed by a declarant in accordance with the requirements of this chapter, and that names a designee who shall have the sole responsibility and discretion for making decisions concerning the final disposition of the declarant’s remains and the ceremonies planned after the declarant’s death.
9. “Designee” means a competent adult designated under a declaration who shall have the sole responsibility and discretion for making decisions concerning the final disposition of the declarant’s remains and the ceremonies planned after the declarant’s death.
10. “Elder group home” means elder group home as defined in section 231B.1.
11. “Final disposition” means the burial, interment, cremation, removal from the state, or other disposition of remains.
12. “Health care facility” means health care facility as defined in section 135C.1.
13. “Health care provider” means health care provider as defined in section 144A.2.
14. “Hospital” means hospital as defined in section 135B.1.
15. “Interested person” means a decedent’s spouse, parent, grandparent, adult child, adult sibling, adult grandchild, or a designee.
16. “Licensed hospice program” means a licensed hospice program as defined in section 135J.1.
17. “Reasonable under the circumstances” means consideration of what is appropriate in relation to the declarant’s finances, cultural or family customs, and religious or spiritual beliefs. “Reasonable under the circumstances” may include but is not limited to consideration of the declarant’s preneed funeral, burial, or cremation plan, and known or reasonably ascertainable creditors of the declarant.
18. “Remains” means the body or cremated remains of a decedent.
19. a. “Third party” means a person who is requested to dispose of remains by an adult with the right to dispose of a decedent’s remains under section 144C.5 or assist with arrangements for ceremonies planned after the declarant’s death.
b. “Third party” includes but is not limited to a funeral director, funeral establishment, cremation establishment, cemetery, the state medical examiner, or a county medical examiner.
2008 Acts, ch 1051, §7, 22; 2009 Acts, ch 133, §45; 2017 Acts, ch 30, §2, 4
2017 amendment to subsection 8 applies to declarations executed on or after July 1, 2017;
2017 Acts, ch 30, §4
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144C - FINAL DISPOSITION ACT › Section 144C.3 - Declaration — designee.

144C.3 Declaration — designee.
1. A declaration shall name a designee who shall have the sole responsibility and discretion for making decisions concerning the final disposition of the declarant’s remains and the ceremonies planned after the declarant’s death. A declaration may name one or more alternate designees and may include contact information for the designees and alternate designees.
2. A declaration shall not include directives for final disposition of the declarant’s remains and shall not include arrangements for ceremonies planned after the declarant’s death.
3. A designee, an alternate designee, and a third party shall act in good faith and in a manner that is reasonable under the circumstances.
4. A funeral director, an attorney, or any agent, owner, or employee of a funeral establishment, cremation establishment, cemetery, elder group home, assisted living program, adult day services program, or licensed hospice program shall not serve as a designee unless married to the declarant or related to the declarant within the third degree of consanguinity.
5. This section shall not be construed to permit a person who is not licensed pursuant to chapter 156 to make funeral arrangements.
2008 Acts, ch 1051, §8, 22; 2008 Acts, ch 1191, §124; 2009 Acts, ch 133, §46; 2020 Acts, ch 1025, §3
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144C - FINAL DISPOSITION ACT › Section 144C.4 - Reliance — immunities.

144C.4 Reliance — immunities.
1. A designee or third party who relies in good faith on a declaration is not subject to civil liability or to criminal prosecution or professional disciplinary action to any greater extent than if the designee or third party dealt directly with the declarant as a fully competent and living person.
2. A designee or third party who relies in good faith on a declaration may presume, in the absence of actual knowledge to the contrary, all of the following:
a. That the declaration was validly executed.
b. That the declarant was competent at the time the declaration was executed.
3. A third party who relies in good faith on a declaration is not subject to civil or criminal liability for the proper application of property delivered or surrendered in compliance with decisions made by the designee including but not limited to trust funds held pursuant to chapter 523A.
4. A third party who has reasonable cause to question the authenticity or validity of a declaration may promptly and reasonably seek additional information from the person proffering the declaration or from other persons to verify the declaration.
5. The state medical examiner or a county medical examiner shall not be subject to civil liability or to criminal prosecution or professional disciplinary action for releasing a decedent’s remains to a person who is not a designee or alternate designee.
6. This section shall not be construed to impair any contractual obligations of a designee or third party incurred in fulfillment of a declaration.
2008 Acts, ch 1051, §9, 22
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144C - FINAL DISPOSITION ACT › Section 144C.6 - Declaration of designee — form — requirements.

144C.6 Declaration of designee — form — requirements.
1. A declaration executed pursuant to this chapter may but need not be in the following form:
I hereby designate ........................................ as my designee. My designee shall have the sole responsibility for making decisions concerning the final disposition of my remains and the ceremonies to be performed after my death. This declaration hereby revokes all prior declarations. This designation becomes effective upon my death.
My designee shall act in a manner that is reasonable under the circumstances.
I may revoke or amend this declaration at any time. I agree that a third party (such as a funeral or cremation establishment, funeral director, or cemetery) who receives a copy of this declaration may act in reliance on it. Revocation of this declaration is not effective as to a third party until the third party receives notice of the revocation. My estate shall indemnify my designee and any third party for costs incurred by them or claims arising against them as a result of their good faith reliance on this declaration.
I execute this declaration as my free and voluntary act.
2. A declaration executed pursuant to this chapter shall be in a written form that substantially complies with the form in subsection 1, is properly completed, and is dated and signed by the declarant or another person acting on the declarant’s behalf at the direction of and in the presence of the declarant. In addition, a declaration shall be either of the following:
a. Signed by at least two individuals who are not named therein and who, in the presence of each other and the declarant, witnessed the signing of the declaration by the declarant, or another person acting on the declarant’s behalf at the direction of and in the presence of the declarant, and witnessed the signing of the declaration by each other.
b. Acknowledged before a notarial officer as provided in chapter 9B.
3. A declaration may include the location of an agreement for prearranged funeral services or funeral merchandise as defined in and executed under chapter 523A, cemetery lots owned by or reserved for the declarant, and special instructions regarding organ donation consistent with chapter 142C.
4. A declaration for disposition of remains made by a service member who died while performing military duty as defined in section 29A.1, subsection 3, 8, or 12, on forms provided and authorized by the department of defense for service members for this purpose shall constitute a valid declaration of designee for purposes of this chapter.
2008 Acts, ch 1051, §11, 22; 2010 Acts, ch 1170, §3; 2011 Acts, ch 47, §8; 2012 Acts, ch 1050, §39, 60; 2012 Acts, ch 1072, §33; 2017 Acts, ch 30, §3, 4
2017 amendment to subsection 2, unnumbered paragraph 1, applies to declarations executed on or after July 1, 2017;
2017 Acts, ch 30, §4
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144C - FINAL DISPOSITION ACT › Section 144C.7 - Revocation of declaration.

144C.7 Revocation of declaration.
1. A declaration is revocable by a declarant in a writing signed and dated by the declarant.
2. Unless otherwise expressly provided in a declaration:
a. A dissolution of marriage, annulment of marriage, or legal separation between the declarant and the declarant’s spouse that occurs subsequent to the execution of the declaration constitutes an automatic revocation of the spouse as a designee.
b. A designation of a person as a designee pursuant to a declaration is ineffective if the designation is revoked by the declarant in writing subsequent to the execution of the declaration or if the designee is unable or unwilling to serve as the designee.
2008 Acts, ch 1051, §12, 22
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144C - FINAL DISPOSITION ACT › Section 144C.8 - Forfeiture of designee’s authority.

144C.8 Forfeiture of designee’s authority.
A designee shall forfeit all rights and authority under a declaration and all rights and authority under the declaration shall vest in and devolve upon an alternate designee, or if there is none, vest in and devolve pursuant to section 144C.5, under either of the following circumstances:
1. The designee is charged with murder in the first or second degree or voluntary manslaughter in connection with the declarant’s death and those charges are known to a third party.
2. The designee does not exercise the designee’s authority under the declaration within twenty-four hours of receiving notification of the death of the declarant or within forty hours of the declarant’s death, whichever is earlier.
2008 Acts, ch 1051, §13, 22
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144C - FINAL DISPOSITION ACT › Section 144C.9 - Interstate effect of declaration.

144C.9 Interstate effect of declaration.
Unless otherwise expressly provided in a declaration:
1. It is presumed that the declarant intended to have a declaration executed pursuant to this chapter have the full force and effect of law in any state of the United States, the District of Columbia, and any other territorial possessions of the United States.
2. A declaration or similar instrument executed in another state that complies with the requirements of this chapter may be relied upon, in good faith, by the designee, an alternate designee, and a third party in this state so long as the declaration is not invalid, illegal, or unconstitutional in this state.
2008 Acts, ch 1051, §14, 22
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 144C - FINAL DISPOSITION ACT › Section 144C.10 - Effect of declaration.

144C.10 Effect of declaration.
1. The designee designated in a declaration shall have the sole discretion pursuant to the declaration to determine what final disposition of the declarant’s remains and ceremonies tobe performed after the declarant’s death are reasonable under the circumstances. 2. The most recent declaration executed by a declarant shall control.3. This chapter does not prohibit a person from conducting a separate ceremony to commemorate a declarant, at the person’s expense, to assist in the bereavement process. 4. The rights of a donee created by an anatomical gift pursuant to chapter 142C are superior to the authority of a designee under a declaration executed pursuant to this chapter. 2008 Acts, ch 1051, §15, 22; 2010 Acts, ch 1032, §1 Thu Dec 29 22:59:32 2022 Iowa Code 2023, Section 144C.10 (18, 0)