reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.51 - Hiv Infection-health Care Providers

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A health care provider, with written
			 consent of the patient, may provide the notification required of hospitals in
			 these rules to emergency care providers if a patient who has HIV infection is
			 transported by an emergency care provider to the office or clinic of the health
			 care provider Notification shall take place only upon submission of a
			 significant exposure report by the emergency care provider to the health care
			 provider and after determination by the health care provider that a significant
			 exposure has occurred.
(2) These
			 rules do notrequire or permit a health care provider to administer a test for
			 the express purpose of determining the presence of HIV infection except that
			 testing may be performed if the patient consents and if the requirements of
			 Iowa Code section 141.22 are satisfied.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.52 - Immunity

Current through Register Vol. 47, No. 3, July 24, 2024
Hospitals, health care providers, or other persons
				participating in good faith in making a report under these rules, upon filing
				of a report form or a report under similar procedures to notify their own
				employees or in failing to make a report under these rules are immune from any
				liability, civil or criminal, which may otherwise be incurred or
				imposed.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.53 - Confidentiality

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Notifications
			 made pursuant to these rules shall not disclose the identity of the patient who
			 is diagnosed or confirmed as having HIV infection unless the patient provides a
			 specific written release as provided in Iowa Code section 141.23, subsection I,
			 paragraph
"a. "
(2) If during these notification procedures
			 an emergency care provider determines the identity of a patient with confirmed
			 HIV infection, the identity of the patient shall be confidential information
			 and shall not be disclosed by the emergency care provider to any other person
			 unless a specific written release is obtained from the patient.
(3) The procedures followed under rules
			 II.50(I39B,I4I) to II.5I(I39B,I4I) shall provide for the anonymity of the
			 patient and all documentation shall be maintained in a confidential
			 manner
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.70 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of these rules is to describe procedures to follow
				for testing of a convicted or alleged offender for the human immunodeficiency
				virus pursuant to 1998 Iowa Acts, House File 2369, and 1998 Iowa Acts, House
				File 2527, and to establish procedures to follow to provide for counseling,
				health care, and support services to the victim.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.72 - Hiv Test-convicted or Alleged Sexual Assault Offender

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Unless a
			 petitioner chooses to be represented by private counsel, the county attorney
			 shall represent the victim's interest in all proceedings under Iowa Code
			 chapter 709B.
(2) If a person is
			 convicted of sexual assault or adjudicated delinquent for an act of sexual
			 assault, the county attorney, if requested by the petitioner, shall petition
			 the court for an order requiring the convicted offender to submit to an HIV
			 test, provided that all of the following conditions are met:
a. The sexual assault for which the offender
			 was convicted or adjudicated delinquent included sufficient contact between the
			 victim and the convicted offender to be deemed a significant exposure pursuant
			 to 641-71(709B).
b. The authorized
			 representative of the petitioner, the county attorney, or the court sought to
			 obtain written informed consent to the testing from the convicted
			 offender
c. Written informed
			 consent was not provided by the convicted offender
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.73 - Medical Examination Costs

Current through Register Vol. 47, No. 3, July 24, 2024
The cost of a medical examination for the purpose of gathering
				evidence and the cost of treatment for the purpose of preventing venereal
				disease shall be paid from the victim compensation fund as established in Iowa
				Code chapter 709B, and 1998 Iowa Acts, House File 2527, section 55. Information
				is available from the department of justice, crime victim assistance program,
				telephone (515)281-5044.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.80 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of these rules is to implement Iowa Code section
				126.25(1)
				 as amended by 1997 Iowa Acts, Senate File
				300.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.81 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of these rules, the following definitions shall
				apply:
"CLIA "
means the Clinical Laboratories
				Improvement Act as administered by the Health Care Financing
				Administration.
"FDA "
means the U.S. Food and Drug
				Administration.
"HIV"
means the human immimodeficiency virus
				identified as the causative agent of AIDS.
"HIVhome collection kit"
means a product for
				human immunodeficiency virus testing that provides for the specimen to be
				collected by an individual and then submitted to a laboratory, for
				determination of test results.
"HIVhome testing kit"
means a product for
				human immunodeficiency virus testing that provides for specimen collection and
				determination of test results by an individual without the utilization of a
				laboratory.
"laboratory"
means a laboratory meeting the
				CLIA requirements for HIV testing.
"Specimen "
means a human body fluid or tissue
				sample.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.82 - Hiv Home Testing Kit

Current through Register Vol. 47, No. 3, July 24, 2024
An HIV home testing kit shall not be advertised for sale,
				offered for sale, or sold in this state.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.83 - Hiv Home Collection Kit

Current through Register Vol. 47, No. 3, July 24, 2024
An HIV home collection kit approved by the FDA may be
advertised for sale, offered for sale, or sold in this
				state.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.84 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of these rules, the following definitions shall
				apply:
"ADAP advisory committee"
means the committee
				appointed by the bureau of HIV, STD, and hepatitis to provide advice and
				technical assistance to the department regarding ADAP.
"ADAP formulary"
means the list of drugs
				approved for use in ADAP by the bureau upon recommendation of the ADAP advisory
				committee.
"AIDS"
means acquired immune deficiency
				syndrome as defined by the Centers for Disease Control and Prevention of the
				United States Department of Health and Human Services.
"AIDS drug assistance program "
or
"ADAP "
means the Iowa AIDS drug assistance program
				administered by the bureau of HIV, STD, and hepatitis within the department and
				includes two components, the medication assistance program and the health
				insurance assistance program.
"Bureau "
means the bureau of HIV, STD, and
				hepatitis within the department.
"Deductible "
means an amount of money that an
				insured person must pay out of pocket before any benefits from the health
				insurance policy can be used.
"Department"
means the Iowa department of
				public health.
"Director "
means the director of the Iowa
				department of public health.
"Health insurance assistance program"
means a
				component of ADAP that purchases health insurance and pays insurance premiums,
				copayments for medications, and deductibles for eligible enrollees in
				ADAP.
"HIV"
means the human immunodeficiency virus
				identified as the causative agent of AIDS.
"Household"
means a group of individuals
				residing together who are related by birth, marriage, or adoption; or an
				individual who does not reside with any other individual to whom the individual
				is related by birth, marriage, or adoption.
"Household income"
means the combined gross
				earned and unearned income of all individuals within the household.
"Medication assistance program "
means a
				component of ADAP that provides medications directly to eligible enrollees in
				ADAP.
"Payer of last resort"
means a requirement to
				coordinate services and seek payment from all other sources before Ryan White
				funds are used.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.85 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The AIDS drug assistance program is a state-administered
				program that provides certain HIV/AIDS medications to eligible low-income
				individuals diagnosed with HIV if adequate funding is available for
				administration of the program. There are two components to the Iowa AIDS drug
				assistance program: the medication assistance program and the health insurance
				assistance program. The AIDS drug assistance program is authorized under Part B
				of Title XXVI of the Public Health Service (PHS) Act, as amended by the Ryan
				White HIV/AIDS Treatment Extension Act of 2009 (
				Public Law
				111-87). This legislation requires that the Ryan
				White program, including the AIDS drug assistance program, be the payer of last
				resort for HIV-related services. ADAP is not an entitlement program and does
				not create a right to assistance. In the event that funding is exhausted or
				terminated or there are changes in state or federal guidelines, programs, or
				regulations that impact funding available to ADAP, the department reserves the
				right to close enrollment, cease to provide medication assistance or health
				insurance assistance, or alter eligibility criteria until such time that
				funding is again sufficient.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.86 - Ensuring Payer of Last Resort

Current through Register Vol. 47, No. 3, July 24, 2024
To ensure that ADAP is the payer of last resort, the Iowa
				Medicaid enterprise shall grant the department access to client-level
				information for persons enrolled in Medicaid.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.87 - Eligibility Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An
			 applicant is eligible to participate in the ADAP Medication assistance program
			 if the applicant:
a. Applies for enrollment in
			 ADAP on a form provided by the department;
b. Has no health insurance to cover the cost
			 of the drugs that are or may become available from ADAP;
c. Is currently being prescribed a drug on
			 the ADAP formulary;
d. Has an
			 annual gross household income that is less than or equal to 200 percent of the
			 poverty level as determined by the most recent federal poverty guidelines
			 published annually by the United States Department of Health and Human Services
			 for the size of the household (this income shall be determined after a $500
			 work-related allowance is deducted from the monthly gross salary of an employed
			 person with HIV/AIDS);
e. Has a
			 medical diagnosis of HIV infection or AIDS or is an unborn infant or an infant
			 under 18 months of age who has an HIV-infected mother; and
f. Is a resident of Iowa.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.88 - Enrollment Process

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 department shall review each completed application and shall determine
			 enrollment based upon applicant eligibility, the date on which the application
			 was completed, and the availability of funds. When the department determines
			 that an applicant is eligible for enrollment, the applicant may be enrolled for
			 six months commencing with the date of the determination or may be enrolled for
			 a shorter time period at the discretion of the department.
(2) An applicant shall provide the department
			 with all requested information and shall execute any consent forms or releases
			 of information necessary for the department to verify eligibility.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.89 - Discontinuation of Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 department shall review eligibility semiannually after enrollment unless one of
			 the following events occurs within the six-month period to end eligibility:
a. The enrolled individual dies;
b. The enrolled individual is determined
			 eligible and enrolled to fully receive medical services through a third-party
			 payer and is able to fully pay the insurance deductibles and
			 copayments;
c. The enrolled
			 individual's annual household income increases to an amount above the
			 respective ADAP component's income guidelines;
d. The enrolled individual establishes
			 residency outside the state of Iowa;
e. The enrolled individual does not request
			 drugs within a 90-day period; or
f.
			 The enrolled individual is placed in an institution such as a nursing home,
			 state prison, or jail for more than 30 days.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.90 - Distribution Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Enrolled individuals shall be eligible to receive financial assistance only for
			 drugs that:
a. Have received Food and Drug
			 Administration approval to treat HIV or prevent the deterioration of health due
			 to HIV, coinfections or opportunistic infections; and
b. Are on the ADAP formulary.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.91 - Adap Waiting List

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If an
			 applicant is eligible for ADAP and sufficient funds are available to provide
			 services to the applicant, the department shall enroll the applicant. If the
			 applicant is eligible for ADAP and sufficient funds are not available to
			 provide services to the applicant, the department shall place the applicant's
			 name on the ADAP waiting list in the order provided for in this rule.
(2) The department shall place names on the
			 waiting list in chronological order based upon the date of receipt of a
			 completed application by the department.
(3) To verify that applicants on the waiting
			 list continue to meet ADAP eligibility requirements, the department shall
			 require applicants on the waiting list to submit reapplication forms
			 semiannually.
(4) The department
			 shall remove applicants from the waiting list in the chronological order in
			 which their completed applications were approved, provided all updates were
			 received by the department.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 11 - Human Immunodeficiency Virus (HIV) Infection and Acquired Immune Deficiency Syndrome (AIDS) › Rule 641-11.93 - Confidentiality

Current through Register Vol. 47, No. 3, July 24, 2024
The ADAP application and all information received or maintained
				by the department in connection with ADAP shall be considered confidential
				information in accordance with Iowa Code section 141 A.9.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 12 - Approval of Confirmatory Laboratories for Private Sector Drug-free Workplace Testing › Rule 641-12.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this chapter is to describe the procedures that
				a laboratory must follow to receive approval by the department to conduct
				confirmatory testing of samples for the detection of alcohol or other drugs, or
				their metabolites, in employees or prospective employees.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 12 - Approval of Confirmatory Laboratories for Private Sector Drug-free Workplace Testing › Rule 641-12.3 - Powers and Duties

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall be responsible for the following
				actions:
(1) Processing applications
			 from laboratories requesting approval to conduct confirmatory testing pursuant
			 to Iowa Code subsection
			 730.5(7),
			 paragraph
"e. "
(2) Developing an application package.
a. The package shall be provided to all
			 laboratories requesting approval to conduct confirmatory testing for alcohol or
			 other drugs, or their metabolites.
b. The package shall contain application
			 procedures, a copy of Iowa Code section
			 730.5,
			 a copy of these administrative rules, a standardized application form and a
			 self-inspection questionnaire.
c.
			 The self-inspection questionnaire shall assist the department in assessing the
			 quality of a laboratory's performance as a confirmatory testing laboratory.
			 This questionnaire will comprise the major but not the sole objective criteria
			 used during the initial on-site inspection when conducted by the UHL.
d. The package shall be available upon
			 request from the Iowa Department of Public Health, Division of Health
			 Protection, Private Sector Drug Testing Program, Lucas State Office Building,
			 Des Moines, Iowa 50319-0075.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 12 - Approval of Confirmatory Laboratories for Private Sector Drug-free Workplace Testing › Rule 641-12.4 - Application Procedures and Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
Laboratories desiring to conduct confirmatory testing for
				Iowa's employers shall apply to the department for approval. Each laboratory
				requesting Iowa approval to conduct confirmatory testing shall provide the
				following to the department:
(1) A
			 completed laboratory survey checklist on a form provided by the
			 department.
(2) A completed
			 self-inspection questionnaire provided by the department that includes:
a. A list of alcohol or other drugs, or their
			 metabolites, being tested.
b.
			 Copies of the two most recent and relevant graded proficiency test reports from
			 a recognized proficiency testing program.
c. Personnel qualifications for all staff
			 involved in the technical and administrative management of the alcohol or drug
			 testing laboratory.
d. Copies of
			 the forms used to report test results.
e. Chain of custody protocols and copies of
			 the chain of custody forms used.
f.
			 Sample collection procedures.
g.
			 Confirmation procedures.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 12 - Approval of Confirmatory Laboratories for Private Sector Drug-free Workplace Testing › Rule 641-12.5 - Requirements of Laboratory Personnel Involved in Confirmatory Testing for Alcohol or Other Drugs, or Their Metabolites

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The laboratory director shall be a
			 pathologist or doctoral level individual who qualifies as a clinical laboratory
			 director under CLIA regulations.
(2) Supervisors of analysts shall possess at
			 least a bachelor of science degree in chemistry, medical technology, or
			 comparable education and two years of analytical alcohol or drug testing
			 experience. Supervisors must also have training in the theory and practice of
			 laboratory procedures and an understanding of quality control concepts. Annual
			 verification of the supervisor's skills must be documented by the laboratory
			 director
(3) Analysts shall possess
			 the necessary training and skills for assigned tasks. These individuals shall
			 possess at least two years of college education in the physical or biological
			 sciences. At a minimum, analysts shall be graduates of a medical laboratory
			 technician program which is recognized by the department or have at least two
			 years of college with a minimum of nine semester hours in chemistry.
(4) Laboratory directors, supervisors and
			 analysts involved in alcohol or drug testing shall annually complete at least
			 one in-service continuing education program related to alcohol or drug testing.
			 Continuing education programs include formal training programs where continuing
			 education units are awarded, informal in-house training programs, and relevant
			 correspondence courses. Dates, titles and subject matter for each completed
			 course shall be documented and the information shall be available for
			 review.
(5) The following
			 information about each of the laboratory staff involved in alcohol or drug
			 testing shall be retained for two years from date of termination and shall be
			 available for review.
a. Resume of training
			 and experience.
b. Certificate or
			 license.
c. Job
			 description.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 12 - Approval of Confirmatory Laboratories for Private Sector Drug-free Workplace Testing › Rule 641-12.6 - Quality Assurance Program and Procedure Manual Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
All approved confirmatory laboratories shall have a written
				quality assurance program and a procedure manual which encompasses all aspects
				of the alcohol or drug testing process.
(1) Approved laboratories shall have written
			 procedures for performing alcohol or drug testing which shall include the
			 following:
a. Sample acquisition.
b. Chain of custody.
c. Sample and report security.
d. Test performance.
e. Reporting of results. /
			 Confidentiality.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 12 - Approval of Confirmatory Laboratories for Private Sector Drug-free Workplace Testing › Rule 641-12.7 - Analytical Quality Control

Current through Register Vol. 47, No. 3, July 24, 2024
The number and position of control specimens tested within a
				batch and the number of calibrators used for each batch of specimens shall be
				consistent with generally accepted laboratory practice for the methodology used
				to conduct confirmatory testing.
(1)
			 Positive and negative controls shall be used in testing each batch of
			 specimens.
(2) Procedures shall be
			 implemented and documented to ensure that carryover from a positive specimen
			 does not contaminate other subsequent specimens in that batch.
(3) Approved laboratories shall develop
			 criteria for the detection and rejection of adulterated samples.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 12 - Approval of Confirmatory Laboratories for Private Sector Drug-free Workplace Testing › Rule 641-12.8 - Sample Security and Confidentiality of Test Results

Current through Register Vol. 47, No. 3, July 24, 2024
Samples and reports must never be left unattended or
				unsecured.
(1) Complete chain of
			 custody documentation shall be maintained for each sample from the time of
			 collection from the employee or prospective employee to the time the sample is
			 discarded. Each time the sample is handled or transferred, the individual
			 receiving the sample, the time and date of transfer, and the recipient or
			 destination of the sample shall be documented.
(2) If the first portion of the sample
			 yielded a confirmed positive test result, the laboratory shall store the second
			 portion of that sample until receipt of a confirmed negative test result or for
			 a period of at least 45 calendar days following the completion of the initial
			 confirmatory testing. Urine and blood samples shall be retained in secure
			 storage at freezing temperatures.
(3) All samples for which a negative test
			 result was reported shall be disposed of within 5 working days after issuance
			 of the negative test result report.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 12 - Approval of Confirmatory Laboratories for Private Sector Drug-free Workplace Testing › Rule 641-12.9 - Confirmatory Testing

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Reports for
			 alcohol shall be confirmed by gas chromatography, or a test that is recognized
			 by the department as an equivalent test before being reported as positive (or
			 negative).
(2) Reports for drugs or
			 their metabolites, other than alcohol, shall not be issued in the absence of
			 confirmation by GC/MS or a scientifically equivalent test approved by the
			 department.
(3) Complete chain of
			 custody procedures shall be used for referred samples.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 12 - Approval of Confirmatory Laboratories for Private Sector Drug-free Workplace Testing › Rule 641-12.10 - Documentation of the Confirmatory Testing Process

Current through Register Vol. 47, No. 3, July 24, 2024
The following documents shall be retained for at least two
				years and, if requested, made available for inspection.
(1) Chain of custody documentation shall be
			 maintained for each sample tested with the identification of the sample, the
			 person(s) handling and testing the sample, the storage of the sample, and the
			 eventual disposal of the sample.
(2) Documents regarding the following:
			 analytical information for each batch assayed; instrument identification;
			 calibration records; identification of reagent lot numbers and expiration
			 dates; quality control results; and any other pertinent information.
(3) Copies of proficiency testing results for
			 ongoing monitoring and evaluation of laboratory performance. Approved
			 confirmatory laboratories inspected by the UHL shall submit copies of
			 proficiency testing results to the UHL or shall ensure that proficiency testing
			 programs submit copies of proficiency testing results directly to the UHL on
			 their behalf
(4) Current procedure
			 manuals must be maintained for all procedures.
(5) An annual review of manuals shall be
			 performed and documented. Alterations and additions to procedures shall be
			 incorporated into manuals and approved by the laboratory director before
			 implementation.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 12 - Approval of Confirmatory Laboratories for Private Sector Drug-free Workplace Testing › Rule 641-12.11 - Reporting of Confirmed Positive Test Results to the Medical Review Officer

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each report
			 shall identify the alcohol or other drugs, or their metabolites, being tested
			 with the results of positive/negative or detected/nondetected clearly
			 recorded.
(2) Approved confirmatory
			 laboratories shall have available a written summary of the established
			 sensitivity levels used for the confirmatory tests conducted for alcohol or
			 other drugs, or their metabolites. However, this information need not be issued
			 with each report.
(3) Approved
			 confirmatory laboratories shall have written procedures for making both written
			 and telephone reports to the medical review officer
(4) All test results must be reviewed and
			 signed by the laboratory director, or a qualified designee, before being
			 reported to the medical review officer.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 12 - Approval of Confirmatory Laboratories for Private Sector Drug-free Workplace Testing › Rule 641-12.12 - Reporting Requirements to Department

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code subsection
				730.5(16),
				approved confirmatory laboratories shall file a report with the department by
				March 1 of each year The address is Iowa Department of Public Health, Division
				of Health Protection, Private Sector Drug Testing Program, Lucas State Office
				Building, Des Moines, Iowa 50319-0075. The report for the state of Iowa shall
				include the number of positive and negative drug or alcohol test results for
				the previous calendar year for the following if available to the
				laboratory:
1. Employees who work in
			 non-safety-sensitive positions,
2.
			 Employees who work in safety-sensitive positions,
3. Employees during and after completion of
			 drug or alcohol rehabilitation,
4.
			 Employees as a consequence of reasonable suspicion drug or alcohol
			 testing,
5. Prospective
			 employees,
6. As a consequence of
			 federal law or regulation, or by law enforcement,
7. As a consequence of accident investigation
			 in the workplace,
8. The types of
			 drugs which were found in the positive drug tests,
9. All significant available demographic
			 factors relating to the positive test pool, and
10. Total number of positive and negative
			 drug or alcohol test results for the previous calendar year for all employees
			 and prospective employees who were tested.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 12 - Approval of Confirmatory Laboratories for Private Sector Drug-free Workplace Testing › Rule 641-12.13 - Approval, Renewal, and Inspection Fees

Current through Register Vol. 47, No. 3, July 24, 2024
At the time of initial application and each year thereafter,
				laboratories shall remit to the department a fee in an amount sufficient to
				reimburse the department for expenses incurred in administering the
				confirmatory laboratory approval program. All fees shall be made payable to the
				Iowa Department of Public Health and are as follows:
(1)
Approval.
An
			 administration fee of $600 is required for new applications, including
			 applicants seeking approval through reciprocity.
(2)
Renewal.
An
			 administration fee of $300 is required to renew laboratory approval.
(3)
Inspections by the UHL.
Reimbursement for actual on-site inspection and related expenses shall be
			 assessed to each laboratory after the completion of each inspection. Expenses
			 related to the on-site inspection shall be reimbursed to the UHL. These
			 expenses shall reflect the actual cost incurred for personnel time and travel
			 expenses consistent with state of Iowa travel reimbursement policies and
			 procedures. These expenses shall also include the time necessary for UHL
			 inspection staff to:
a. Review the application
			 and related laboratory materials in preparation for the on-site
			 inspection,
b. Generate the written
			 laboratory report regarding inspection findings,
c. Conduct postinspection follow-up
			 activities, if any, and
d. Review
			 proficiency test results on an ongoing basis.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 12 - Approval of Confirmatory Laboratories for Private Sector Drug-free Workplace Testing › Rule 641-12.14 - Renewal

Current through Register Vol. 47, No. 3, July 24, 2024
Laboratory approval to continue confirmatory testing for
				alcohol or other drugs, or their metabolites, must be renewed annually. The
				request for renewal shall include the following:
1. Name and address of laboratory.
2. Renewal fee.
3. Information that reflects any changes that
			 occurred during the current approval period.
4. Copy of supporting documents if the
			 laboratory is accredited for forensic drug testing by the College of American
			 Pathologists, or if it is certified, licensed, or approved through
			 reciprocity.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 12 - Approval of Confirmatory Laboratories for Private Sector Drug-free Workplace Testing › Rule 641-12.15 - Reciprocity

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Confirmatory
			 laboratories certified, licensed, or approved by another state to conduct
			 testing for alcohol or other drugs, or their metabolites, may request Iowa
			 approval through reciprocity by:
a.
			 Completing and submitting the department's application package, and
b. Including a copy of their current
			 certificate, license, or approval document from the state whose requirements
			 are at least equal to Iowa's.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 12 - Approval of Confirmatory Laboratories for Private Sector Drug-free Workplace Testing › Rule 641-12.16 - Changes During Approval Periods

Current through Register Vol. 47, No. 3, July 24, 2024
The following changes that occur during an approval period
				shall be submitted to the department within five working days from the date the
				change took place:
1. Change in
			 laboratory director.
2. Change of
			 address.
3. Change in
			 supervisor.
4. Change in
			 confirmation procedures.
5. Change
			 in proficiency testing program.
6.
			 Addition or subtraction of alcohol or other drugs, or their metabolites, being
			 tested.
7. Change of
			 ownership.
8. Loss of accreditation
			 for forensic drug testing by the College of American Pathologists.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 12 - Approval of Confirmatory Laboratories for Private Sector Drug-free Workplace Testing › Rule 641-12.17 - Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
Upon a determination of noncompliance by the director that
				these rules have been violated, the director may immediately move to suspend,
				modify, or revoke any approval issued under these rules.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 12 - Approval of Confirmatory Laboratories for Private Sector Drug-free Workplace Testing › Rule 641-12.18 - Denial, Suspension, Modification or Revocation of Approval

Current through Register Vol. 47, No. 3, July 24, 2024
Any one of the following can result in denial, suspension,
				modification or revocation of approval. Failure of the confirmatory laboratory
				to:
1. Remain in compliance with the
			 requirements of these rules.
2.
			 Provide required documentation, including documentation of laboratory personnel
			 and proficiency test results.
3.
			 Maintain confidentiality.
4. Meet
			 proficiency testing criteria.
5.
			 Provide correct information.
6.
			 Satisfactorily complete the two most recent and relevant graded proficiency
			 test reports from a recognized proficiency testing program (for initial
			 approval).
7. Correctly represent
			 facts on a self-inspection questionnaire or other application
			 documents.
8. Pass an on-site
			 inspection conducted by the College of American Pathologists for forensic drug
			 testing, or by another state whose requirements are at least equal to Iowa's,
			 or by the UHL.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 12 - Approval of Confirmatory Laboratories for Private Sector Drug-free Workplace Testing › Rule 641-12.19 - Restoration of Approval

Current through Register Vol. 47, No. 3, July 24, 2024
A confirmatory laboratory whose approval has been suspended,
				modified, or revoked may be reinstated within 90 days following the receipt of
				the following:
1. Documentation of
			 actions that correct the reasons for suspension, modification, or
			 revocation.
2. Documentation of a
			 successful on-site inspection, if necessary, conducted by the College of
			 American Pathologists for forensic drug testing, or by another state whose
			 requirements are at least equal to Iowa's, or by the UHL.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 12 - Approval of Confirmatory Laboratories for Private Sector Drug-free Workplace Testing › Rule 641-12.20 - Appeals Process

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Denial.
Laboratories shall receive written notice by certified
			 mail, return receipt requested, setting forth the reason(s) for denial. The
			 adverse action shall become effective 30 days after receipt of the notice
			 unless the applicant, within 30 days, gives written notice to the department
			 requesting a hearing. In that event, the notice shall be deemed to be
			 suspended.
(2)
Suspension,
			 modification, or revocation.
Confirmatory laboratories shall receive
			 written notice by certified mail, return receipt requested, setting forth the
			 reason(s) for suspension, modification, or revocation. The adverse action shall
			 become effective 30 days after receipt of the notice unless the aggrieved
			 party, within 30 days, gives written notice to the department requesting a
			 hearing. In that event, the notice shall be deemed to be suspended.
(3)
Contested cases.
The
			 procedures for contested cases as set out in Iowa Code chapter 17A and the
			 rules adopted by the department in 641-Chapter 173 shall be followed in all
			 cases where proper notice has been made to the department of the intent to
			 formally contest any denial, suspension, modification, or revocation of
			 approval.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 12 - Approval of Confirmatory Laboratories for Private Sector Drug-free Workplace Testing › Rule 641-12.21 - Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall accept complaints of alleged problems
				relating to confirmatory laboratory procedures. The information shall state in
				as specific a manner as possible the basis for the complaint. The complaint
				shall be presented in writing, in person or by telephone to the Iowa Department
				of Public Health, Division of Health Protection, Private Sector Drug Testing
				Program, Lucas State Office Building, Des Moines, Iowa 50319-0075.
Within 20 working days of the receipt of the complaint, the
				department shall communicate with the laboratory director for initial
				evaluation of the specific matters alleged in the complaint. The complainant
				shall be informed of the results of the action taken by the
				department.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 15 - Swimming Pools and Spas › Rule 641-15.1 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
(1) These rules
			 apply to swimming pools, spas, wading pools, water slides, wave pools, spray
			 pads, and bathhouses connected to swimming pools owned or operated by local or
			 state government, or commercial interests or private entities including, but
			 not limited to, public or private school corporations, hotels, motels, camps,
			 apartments, condominiums, health clubs and country clubs. These rules do not
			 apply to a residential swimming pool or spa that is permanently installed in a
			 single-family dwelling, to a decorative fountain, or to a therapeutic swimming
			 pool or spa which is under the direct supervision of qualified medical
			 personnel.
(2) These rules do not
			 apply to a swimming pool or spa operated by a homeowners association
			 representing 72 or fewer dwelling units if the association bylaws, which also
			 apply to a rental agreement relative to any of the dwelling imits, 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 a local
			 inspection agency, and assume any liability associated with operation of the
			 swimming pool and spa. The association shall notify the department in writing
			 if the association bylaws are amended as above. The inspector designated by the
			 association shall be a certified operator as defined in 15.3(1). A report of
			 the inspection shall be filed with the association secretary and shall be
			 available to any association member on request.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 15 - Swimming Pools and Spas › Rule 641-15.2 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
These rules stipulate minimum safety and water quality
				requirements for the operation of swimming pools and spas; standards for
				construction; procedures for registration; qualifications for swimming pool and
				spa inspectors; qualifications for swimming pool and spa operators and
				lifeguards; and procedures for health departments to provide for the inspection
				of swimming pools and spas and enforcement of these rules. Swimming pools and
				spas which are in compliance with these rules must also comply with the
				requirements of any other applicable federal, state or local laws, rules or
				ordinances.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 15 - Swimming Pools and Spas › Rule 641-15.4 - Swimming Pool Operations

Current through Register Vol. 47, No. 3, July 24, 2024
Swimming pools shall be operated in a safe, sanitary manner and
				shall meet the following operational standards.
(1)
Filtration and
			 recirculation.
a.
Filtration.
A swimming pool, except a fill and drain wading
			 pool, shall have a filtration system in good working condition which provides
			 water clarity in compliance with the water quality standards of
			 15.4(2).
b.
Recirculation.
The recirculation system of a swimming pool
			 shall meet the following requirements:
(1)
			 During the operating season, pumps, filters, disinfectant feeders, flow
			 indicators, gauges, and all related components of the swimming pool water
			 recirculation system shall be operated continuously except for backwashing or
			 servicing.
(2) The recirculation
			 system shall have an operating pressure gauge located in front of the filter if
			 it is a pressure filter system. A vacuum filter system shall have a vacuum
			 gauge located between the filter and the pump.
(3) The recirculation system shall have
			 inlets adequate in design, number, location, and spacing to ensure effective
			 distribution of treated water and maintenance of uniform disinfectant residual
			 throughout the swimming pool.
(4)
			 Swimming pools shall have a means for skimming the pool water surface.
1. Each skimmer shall have an easily
			 removable basket or screen upstream from any valve. Self-adjusting weirs shall
			 be in place to provide skimming action.
2. Gutter or skimmer drainage shall be
			 sufficient to minimize flooding and prevent backflow of skimmed water into the
			 swimming pool.
c.
Wastewater.
Backwash
			 water from a swimming pool shall be discharged through an air break or an air
			 gap.
d.
Water
			 supply.
The water supplied to a swimming pool shall be from a water
			 supply meeting the requirements of the department of natural resources for
			 potable water.
(1) Water supplied to a
			 swimming pool shall be discharged to the pool system through an air gap or a
			 reduced-pressure principle backflow device meeting AWWA C-511-97,
			 "Reduced-Pressure Principle Backflow-Prevention Assembly."
(2) Each hose bib at a facility shall be
			 equipped with an atmospheric vacuum breaker or a hose connection backflow
			 preventer.
e.
Swimming pool water heaters.
(1) Electric water heaters shall bear the
			 seal of UL.
(2) Gas-fired water
			 heaters shall be equipped with a pressure relief valve.
(3) Fuel-burning water heaters shall be
			 vented to the outside in accordance with the Iowa state plumbing
			 code.
(4) Each indoor swimming pool
			 equipment room with fuel-burning water heating equipment shall have one or more
			 openings to the outside of the room for the provision of combustion
			 air.
f.
Fill and
			 drain wading pools.
Each fill and drain wading pool shall be drained
			 at least once every 12 hours and left empty when the pool is not open for
			 use.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 15 - Swimming Pools and Spas › Rule 641-15.5 - Construction and Reconstruction

Current through Register Vol. 47, No. 3, July 24, 2024
A swimming pool constructed or reconstructed after May 4, 2005,
				shall comply with the following standards. Nothing in these rules is intended
				to exempt swimming pools and associated structures from any applicable federal,
				state or local laws, rules, or ordinances. Applicable requirements may include,
				but are not limited to, the handicapped access and energy requirements of the
				state building code, the fire and life safety requirements of the state fire
				marshal, the rules of the department of workforce development, and the rules of
				the department of natural resources.
(1)
Construction permit.
a.
Permit required.
No
			 swimming pool shall be constructed or reconstructed without the owner or a
			 designated representative of the owner first receiving a permit from the
			 department. Construction shall be completed within 24 months from the date the
			 construction permit is issued unless an extension is granted in writing by the
			 department.
b.
Permit
			 application.
The owner of a proposed or existing facility or a
			 designated representative of the owner shall apply for a construction permit on
			 forms provided by the department. The application shall be submitted to the
			 department at least 15 days prior to the start of construction of a new
			 swimming pool or the reconstruction of an existing swimming pool.
c.
Plan submission and fee.
Three sets of plans and specifications shall be submitted with the application.
			 A nonrefundable plan review fee for each swimming pool, leisure river, water
			 slide, wave pool, wading pool, spray pad, zero-depth swimming pool, and
			 multisection water recreation pool shall be remitted with the application as
			 required in 15.12(3).
d.
Notification of completion.
The owner of a newly constructed
			 or reconstructed swimming pool, or the owner's designated representative, shall
			 notify the department in writing at least 15 business days prior to opening the
			 swimming pool.