reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 15 - Swimming Pools and Spas › Rule 641-15.6 - Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department
			 may inspect swimming pools and spas regulated by these rules and enforce these
			 rules. A city, county or district board of health may inspect swimming pools
			 and spas regulated by these rules and enforce these rules in accordance with
			 agreements executed with the department pursuant to the authority of Iowa Code
			 chapters 28E and 1351.
(2) The
			 inspection agency shall take the following steps when enforcement of these
			 rules is necessary.
a.
Owner
			 notification.
As soon as possible after the violations are noted, the
			 inspection agency shall provide written notification to the owner of the
			 facility that:
(1) Cites each section of the
			 Iowa Code or Iowa Administrative Code violated.
(2) Specifies the manner in which the owner
			 or operator failed to comply.
(3)
			 Specifies the steps required for correcting the violation.
(4) Requests a corrective action plan,
			 including a time schedule for completion of the plan.
(5) Sets a reasonable time limit, not to
			 exceed 30 days from the receipt of the notice, within which the owner of the
			 facility must respond.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 15 - Swimming Pools and Spas › Rule 641-15.7 - Waivers

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver to these rules may be granted only by the department.
				A waiver can be granted only if sufficient information is provided to
				substantiate the need for and propriety of the action.
(1) Requests for waivers shall be in writing
			 and shall be sent to the local inspection agency for comment. The local
			 inspection agency shall send the request for waiver to the department within 15
			 business days of its receipt.
(2)
			 The granting or denial of a waiver will take into consideration, but not be
			 limited to, the following criteria:
a.
			 Substantially equal protection of health and safety shall be provided by a
			 means other than that prescribed in the particular rule, or
b. The degree of violation of the rule is
			 sufficiently small so as not to pose a significant risk of injury to any
			 individual, and the remedies necessary to alleviate this minor violation would
			 incur substantial and unreasonable expense on the part of the person seeking a
			 waiver.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 15 - Swimming Pools and Spas › Rule 641-15.8 - Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
A person violating a provision of this chapter shall be guilty
				of a simple misdemeanor pursuant to the authority of Iowa Code section 1351.5.
				Each day upon which a violation occurs constitutes a separate
				violation.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 15 - Swimming Pools and Spas › Rule 641-15.9 - Registration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Swimming pool and spa registration.
No swimming pool or spa
			 shall be operated in the state without being registered with the department.
			 The owner of a swimming pool or spa or the owner's designated representative
			 shall register the swimming pool or spa before the swimming pool or spa is
			 first used and shall renew the registration annually on or before April 30. The
			 initial registration and registration renewal shall be submitted on forms
			 supplied by the department. The registration for a swimming pool or spa is
			 valid from May 1 through the following April 30.
(2)
Change in ownership.
Within 30 days of the change in ownership of a swimming pool or spa, the new
			 owner shall furnish the department with the following information:
a. Name and registration number of the
			 swimming pool or spa.
b. Name,
			 address, and telephone number of new owner.
c. Date the change in ownership took
			 place.
d. A nonrefundable fee of
			 $20 per swimming pool or spa.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 15 - Swimming Pools and Spas › Rule 641-15.10 - Training Courses

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A training
			 course designed to fulfill the requirements of
			 641-15.11 (135I) shall be
			 reviewed by the department.
(2) At
			 least 15 days prior to the course date, the course director shall submit at a
			 minimum the following to the department:
a. A
			 course outline with a list of instructors and guest speakers and their
			 qualifications.
b. Date or dates
			 the course is to be held.
c. Place
			 the course is to be held.
d. Number
			 of hours of instruction.
e. Course
			 agenda.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 15 - Swimming Pools and Spas › Rule 641-15.11 - Swimming Pool/spa Operator Qualifications

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A person designated as a certified
			 operator of a facility for compliance with 15.4(6)
"a "
and
			 15.51 (5) "a " shall have successfully completed a CPO® certification
			 course, an AFO certification course, a PPSO certification course, an LAFT
			 certification course, or another course of instruction approved by the
			 department. A copy of a current, valid CPO®, AFO, PPSO, or LAFT certificate
			 for the certified operator shall be maintained in the pool or spa
			 records.
(2) A certified operator
			 with a CPO® certificate, a PPSO certificate, or an LAFT certificate shall
			 attend at least ten hours of continuing education between the original
			 certification date and the first renewal of the certificate, and shall attend
			 at least ten additional hours of continuing education before each subsequent
			 renewal of the certificate. A certified operator with an AFO certificate shall
			 attend at least six hours of continuing education between the original
			 certification date and the first renewal of the certificate, and shall attend
			 at least six additional hours of continuing education before each subsequent
			 renewal of the certificate. The department shall determine the continuing
			 education requirements for a certified operator training course that is
			 approved after May 4, 2005. Proof of continuing education shall be kept with
			 certification records at the facility.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 15 - Swimming Pools and Spas › Rule 641-15.12 - Fees

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Registration fees.
For each swimming pool or spa, the
			 registration fee is $35. Registration fees are delinquent if not received by
			 the department by April 30 or the first business day thereafter. The owner
			 shall pay a $25 penalty for each month or fraction thereof that the fee is late
			 for each swimming pool or spa that is required to be registered.
(2)
Registration change
			 fees.
For each swimming pool or spa, the fee for a change of
			 ownership, change of facility name, or other change in registration is
			 $20.
(3)
Inspection
			 fees.
The inspection agency shall bill the owner of a facility upon
			 completion of an inspection. Inspection fees are due upon receipt of a notice
			 of payment due.
When the swimming pool is located within the jurisdiction of a
				local inspection agency, the local inspection agency may establish fees needed
				to defray the costs of inspection and enforcement under this chapter.
				Inspection fees billed by a local inspection agency shall be paid to the local
				inspection agency or its designee.
a.
Inspection fee schedule.
Table 7
Swimming Pools and Spas
Pool Type
Inspection Fee
Swimming pool or leisure river, surface area less than
						  1500 ft2
$170
Swimming pool or leisure river, surface area 1500
						  ft2 or greater
$270
Wave pool
$270
Water slide and plunge pool
$270
Spa
$170
Wading pool less than or equal to 500
						  ft2
$50
Wading pool greater than 500
						  ft2
$90
Residential swimming pool used for commercial
						  purposes
$50
Table 8
Water Slides
Inspection Fee
Each additional water slide into a plunge pool
$75
Water slide into a swimming pool
$175
Each additional water slide into a swimming pool
$75
b.
Multipool facilities.
If more than one pool (swimming pool,
			 water slide, wave pool, wading pool, or spa) is located within a fenced
			 compound or a building, the inspection fee for the pools in the fenced compound
			 or building shall be reduced by 10 percent. This reduction does not apply to
			 the fees specified in Table 8.
c.
Special inspection fee.
When an inspection agency determines
			 that a special inspection is required, i.e., a follow-up inspection or an
			 inspection generated by complaints, the inspection agency may charge a special
			 inspection fee which shall be based on the actual cost of providing the
			 inspection.
d.
Penalty.
Unpaid inspection fees will be considered delinquent
			 45 days after the date of the bill. A penalty of $30 per month or fraction
			 thereof that the payment is delinquent will be assessed to the owner for each
			 pool inspected.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 15 - Swimming Pools and Spas › Rule 641-15.13 - 28e Agreements

Current through Register Vol. 47, No. 3, July 24, 2024
A city, county or district board of health may apply to the
				department for authority to inspect swimming pools and spas and enforce these
				rules.
(1) Application and review
			 process. Applications shall be made to the Iowa Department of Public Health,
			 Swimming Pool Program, Lucas State Office Building, 321 East 12th Street, Des
			 Moines, Iowa 50319-0075.
(2) Each
			 application shall include, at a minimum:
a. A
			 commitment that inspectors will meet the educational requirements of
			 641-15.11
			 (1351). A person who is a registered sanitarian (R.S.) or a registered
			 environmental health specialist (R.E.H.S.) with the National Environmental
			 Health Association shall be considered to have met the educational requirements
			 of subrule 15.11(2).
b. A statement
			 of the ability of the board of health to provide inspections of all swimming
			 pools and spas within the contracted area.
c. A statement of the ability of the board of
			 health to follow enforcement procedures contained in subrule 15.6(2).
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 15 - Swimming Pools and Spas › Rule 641-15.14 - Application Denial or Partial Denial-appeal

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Denial or partial denial of an
			 application shall be done in accordance with the requirements of Iowa Code
			 section
			 17A.12.
			 Notice to the applicant of denial or partial denial shall be served by
			 restricted certified mail, return receipt requested, or by personal
			 service.
(2) Any request for appeal
			 concerning denial or partial denial shall be submitted by the aggrieved party,
			 in writing, to the department by certified mail, return receipt requested,
			 within 30 days of the receipt of the department's notice. The address is Iowa
			 Department of Public Health, Swimming Pool Program, Lucas State Office
			 Building, 321 East I2th Street, Des Moines, Iowa 50319-0075. Prior to or at the
			 hearing, the department may rescind the denial or partial denial. If no request
			 for appeal is received within the 30-day time period, the department's notice
			 of denial or partial denial shall become the department's final agency
			 action.
(3) Upon receipt of an
			 appeal that meets contested case status, the appeal shall be forwarded within
			 five working days to the department of inspections and appeals, pursuant to the
			 rules adopted by that agency regarding the transmission of contested cases. The
			 information upon which the adverse action is based and any additional
			 information which may be provided by the aggrieved party shall also be provided
			 to the department of inspections and appeals.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 15 - Swimming Pools and Spas › Rule 641-15.51 - Spa Operations

Current through Register Vol. 47, No. 3, July 24, 2024
A spa shall be operated in a safe, sanitary manner and shall
				meet the following operational standards.
(1)
Filtration and
			 recirculation.
a. Filters. A spa
			 shall have a filtration system in good working condition which provides water
			 clarity in compliance with the water quality standards of subrule 15.51(2).
(1) Each filter cartridge shall be replaced
			 with a new, unused, or cleaned and disinfected filter cartridge in accordance
			 with the manufacturer's recommendations for pressure rise at the inlet of the
			 filter, but at least once a month. If a functioning pressure gauge is not
			 present at the filter inlet, the filter cartridge(s) shall be replaced whenever
			 the spa is drained and at least every two weeks. Filter cartridge replacements
			 shall be recorded in the spa records.
(2) Each sand filter serving a spa shall be
			 opened at least annually and the sand media examined for grease buildup,
			 channeling and other deficiencies. The sand shall be cleaned and disinfected
			 before the filter is put back into service. The annual inspection shall be
			 recorded in the spa records.
(3)
			 Each diatomaceous earth filter serving a spa shall be dismantled, and the
			 filter socks and the interior of the filter shall be cleaned and disinfected at
			 least annually. The annual cleaning shall be recorded in the spa
			 records.
(4) 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.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 15 - Swimming Pools and Spas › Rule 641-15.52 - Construction and Reconstruction

Current through Register Vol. 47, No. 3, July 24, 2024
A spa constructed or reconstructed after May 4, 2005, shall
				comply with the following standards. Nothing in these rules is intended to
				exempt spas and associated structures from any applicable federal, state or
				local laws, rules or ordinances. Applicable requirements 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 permits.
a.
Permit required.
No spa 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 a written extension is
			 granted by the department.
b.
Permit application.
The owner of a proposed or existing spa 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 construction of a new spa or the
			 reconstruction of a spa.
c.
Plan submission.
Three sets of plans and specifications shall
			 be submitted with the application. A nonrefundable plan review fee shall be
			 remitted with the application for each spa as required in 15.12(4).
d.
Notification of
			 completion.
The owner of a newly constructed or reconstructed facility
			 or the owner's designated representative shall notify the department in writing
			 at least 15 business days prior to opening the spa.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 20 - Community Water Fluoridation Grant Program › Rule 641-20.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of the Iowa community water fluoridation grant
				program is to provide grants to fluoride-deficient public water supplies to
				assist them in implementing water fluoridation.
The dental health bureau, division of family and community
				health of the Iowa department of public health, will administer federal
				Preventive Health and Health Services block grant funds to reimburse eligible
				local government agencies and nonprofit public water systems for costs involved
				in implementing water fluoridation.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 20 - Community Water Fluoridation Grant Program › Rule 641-20.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Cost"
means costs related to the
				implementation of community water fluoridation including, but not necessarily
				limited to, purchase of equipment for introducing fluoride into the water
				supply, safety equipment, fluoride analytical equipment, estimated fluoride
				chemicals for the first year's operation, and installation of equipment,
				including all necessary plumbing and electrical connections.
"Department"
means the Iowa department of
				public health.
"Director "
means the director of the Iowa
				department of public health.
"Eligible applicant"
means an incorporated
				city which operates a fluoride-deficient public water system or a
				fluoride-deficient public water supply which is federally tax-exempt and
				incorporated under the Iowa nonprofit corporation Act. Public water systems
				(operated by incorporated cities or otherwise as above) which currently
				fluoridate may apply for grant funds for equipment replacement.
"Fluoride-deficient"
refers to a public water
				system that contains less than 0.7 milligrams of fluoride ion per liter of
				water
"Plans "
means plans, specifications and
				schedules prepared for submission to the department of natural resources to
				obtain a construction permit.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 20 - Community Water Fluoridation Grant Program › Rule 641-20.3 - Applications

Current through Register Vol. 47, No. 3, July 24, 2024
Applications shall be submitted on forms provided by the
				department. Applications shall be sent to the Dental Health Bureau, Division of
				Family and Community Health, Iowa Department of Public Health, Lucas State
				Office Building, 321 East 12th Street, Des Moines, Iowa 50319-0075.
Each application shall contain at least the following
				information:
(1) A description of the
			 water system including sources of water, treatment processes, existing chemical
			 additions, and structures housing existing facilities and equipment.
(2) The number of persons served by the water
			 system.
(3) A copy of the governing
			 body's authorization to implement community water fluoridation.
(4) The most recent mineral analysis of the
			 raw and treated water.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 20 - Community Water Fluoridation Grant Program › Rule 641-20.4 - Review and Rating of Applications

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall review each application to determine that
				the applicant is eligible and that the application is complete. The priority of
				eligible applicants will be established by the department based on the
				following criteria in order of importance:
(1) Number of people served by the water
			 system. In cases with equal or nearly equal population, priority will be given
			 to the water system serving the higher number of children.
(2) Technical difficulty and cost of
			 implementing fluoridation.
(3)
			 Amount of fluoride deficiency, i.e., the difference between the optimum
			 fluoride concentration as established by the department and the fluoride
			 concentration in the water produced by the water system.
(4) Date of authorization of fluoridation by
			 the water system governing body.
(5) Applicants for funding of equipment
			 replacement shall be lower in priority than applicants initiating community
			 water fluoridation. The department shall evaluate these applicants based on the
			 immediacy of the need for replacement, the population served by the water
			 system, and the cost of the replacement equipment.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 20 - Community Water Fluoridation Grant Program › Rule 641-20.5 - Project Contracts

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall execute a contract with each grantee for
				the amount awarded. The grantee shall not install, construct or purchase any
				equipment, chemical or service except preliminary consultation services under
				the terms of 20.6(1)
"b "
before the execution of a contract
				with the department.
(1) The grantee
			 shall agree to arrange for the installation of a fluoridation system, to
			 procure fluoride chemical and to operate and monitor the equipment within the
			 requirements of the department for a period of five years from the date
			 fluoridation operation is started.
a. The
			 grantee shall analyze water samples for fluoride content as required by the
			 rules of the department of natural resources and shall report the results of
			 the analyses to the department monthly.
b. The grantee shall submit at least one
			 split sample per month to a laboratory certified by the department of natural
			 resources for the analysis of fluoride in drinking water The results of this
			 analysis shall be reported to the department at least monthly. If a water
			 system operated by a grantee serves fewer than 500 persons, the frequency of
			 sample submission shall be at least one per calendar quarter
c. The grantee shall notify the department
			 within 5 business days if the operation of the fluoridation equipment is
			 interrupted for more than 14 consecutive days. The notification shall include
			 the reason for the interruption and its anticipated duration.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 20 - Community Water Fluoridation Grant Program › Rule 641-20.6 - Implementation Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Applicants whose projects are selected for funding shall be
				notified by the department in writing.
(1) Plans.
a. The department shall prepare plans for the
			 grantee and submit them to the department of natural resources, or
b. The grantee may have plans prepared by a
			 private consultant. In addition to the cost specified in 20.2(135), the
			 department will reimburse the estimated travel, lodging and meals expense that
			 would have been incurred if the department prepared the plans, and the
			 department of natural resources plan review fee.
c. If the plans are prepared by a private
			 consultant, they shall be submitted to the department for review before
			 submission to the department of natural resources. The department shall comment
			 on the plans within ten business days of their receipt. The department shall
			 determine the eligibility of each proposed service or piece of equipment for
			 reimbursement. If the department determines that modified plans could provide
			 for a safe, operable fluoridation system at a lower cost, the department may
			 require that modified plans be submitted to bidders under
			 20.6(2)
"a"
as an alternate. The department will reimburse the
			 grantee for the lowest cost bid which meets the requirements of the plans or
			 modified plans.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 20 - Community Water Fluoridation Grant Program › Rule 641-20.7 - Reimbursement

Current through Register Vol. 47, No. 3, July 24, 2024
After the fluoridation equipment is placed in operation, the
				grantee shall claim reimbursement from the department on forms provided by the
				department. The grantee shall enter the total expenditures for reimbursable
				items and services as established by the grant contract. The grantee shall
				submit copies of invoices for costs incurred in implementing the
				project.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 20 - Community Water Fluoridation Grant Program › Rule 641-20.8 - Termination

Current through Register Vol. 47, No. 3, July 24, 2024
If a grantee fails to comply with the provisions of the grant
				contract within a five-year period from the date of the receipt of the signed
				contract by the grantee, the department may act to recover the amount of the
				grant award from the grantee.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 20 - Community Water Fluoridation Grant Program › Rule 641-20.9 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Applicants whose applications were not funded have the right to
				appeal the decision.
An applicant whose proposal has been filed according to rules
				governing the grant process and who is aggrieved by the awards made pursuant to
				these rules may request a hearing based upon a showing that the rules governing
				the grant selection process have not been applied properly. The appeal must be
				filed with the director within one month of the notification of grant
				awards.
Appeals must be in writing and must clearly state how the
				department erred in following the rules of the grant process. The appeal must
				describe the remedy sought.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 21 - Central Registry for Brain and Spinal Cord Injuries › Rule 641-21.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter describes the central registry for brain and
				spinal cord injuries. Data from the registry shall be utilized to facilitate
				prevention strategies and the provision of appropriate rehabilitative services
				by the department and other state agencies.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 21 - Central Registry for Brain and Spinal Cord Injuries › Rule 641-21.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of these rules, the following definitions shall
				apply:
"Acute injury"
means an injury for which a
				person has been continuously hospitalized since recognition of that
				injury.
"Brain injury"
means clinically evident damage
				to the brain resulting directly or indirectly from trauma, infection, anoxia,
				vascular lesions, or tumor of the brain, not primarily related to a
				degenerative disease or aging process, which temporarily or permanently impairs
				a person's physical, cognitive, or behavioral functions and is diagnosed by a
				physician.
"Department"
means Iowa department of public
				health.
"Hospital"
means hospital as defined by the
				department of inspections and appeals in Iowa Code section
				135B.1.
"Physical agent"
means mechanical energy
				transmitted from a living or nonliving vector to humans.
"Reportable case "
means a person who is
				discharged from an Iowa hospital for an inpatient acute care, medical
				rehabilitation, skilled nursing care, or outpatient care visit with a diagnosis
				of acute brain or spinal cord injury.
"Spinal cord injury"
means any acute,
				traumatic lesion of the neural elements in the spinal canal, resulting in any
				degree of sensory deficit, motor deficit, or bladder/bowel
				dysfunction.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 21 - Central Registry for Brain and Spinal Cord Injuries › Rule 641-21.4 - Who Reports and Under What Circumstances

Current through Register Vol. 47, No. 3, July 24, 2024
Hospitals treating, transferring, or having pronounced dead any
				person determined to have sustained a reportable case of brain or spinal cord
				injury are required to submit information as identified by the
				department.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 21 - Central Registry for Brain and Spinal Cord Injuries › Rule 641-21.5 - Method and Frequency of Reporting

Current through Register Vol. 47, No. 3, July 24, 2024
(1) To the extent possible, activities
			 conducted under this chapter shall be coordinated with other health data
			 collection methods. The department shall obtain brain and spinal cord injury
			 data from the Iowa Hospital Association pursuant to 641-Chapter 177, and the
			 association shall serve as the department's intermediary in the collection of
			 brain and spinal cord injury data.
(2) Hospitals shall report to the Iowa
			 Hospital Association the required information for any reportable case of brain
			 injury or spinal cord injury no later than 45 days after the end of the quarter
			 during which the patient was discharged, transferred to another acute care
			 hospital, or pronounced dead in the emergency department.
(3) Reports shall meet the data quality,
			 format, and timeliness standards prescribed by the department and the Iowa
			 Hospital Association.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 21 - Central Registry for Brain and Spinal Cord Injuries › Rule 641-21.6 - Confidentiality

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department
			 shall maintain the confidentiality of all submitted registry reports of brain
			 and spinal cord injuries and shall not release reports, or any information
			 which can be associated with a particular individual, unless the release is in
			 compliance with the provisions of subrule 21.6(2).
(2) A registry report of a brain or spinal
			 cord injury which is submitted to the department and which can be associated
			 with a particular individual shall be released solely by the department and
			 only under the following conditions:
a. To the
			 particular individual upon receipt of a written request signed by the
			 particular individual and suitable identification presented in person to an
			 employee designated by the department.
b. If the particular individual is a minor,
			 to a parent or attorney of the particular individual upon receipt of a written
			 request signed by a parent or attorney of the individual and of a certified
			 copy of the birth certificate and suitable identification presented to an
			 employee designated by the department.
c. If the particular individual has a
			 court-appointed guardian or if the particular individual is deceased, to the
			 court-appointed guardian or to the executor or administrator of the particular
			 individual's estate upon receipt of a written request signed by the
			 court-appointed guardian, executor, or administrator, and of a certified copy
			 of the order or decree which appoints the guardian, executor, or administrator,
			 and of suitable identification presented to an employee designated by the
			 department.
d. To an attorney or
			 other person who is designated by the particular individual upon receipt of a
			 written request signed by the particular individual and suitable identification
			 presented to an employee designated by the department.
e. To an authorized representative of a study
			 or research project that shall be reviewed and approved by the department's
			 research and ethics review committee and approved by the director of the
			 division of behavioral health. If information identifies individuals with brain
			 or spinal cord injuries, the release of such information for research purposes
			 shall be subject to the terms and conditions set by the department. Such study
			 or research project shall maintain the identifying information as confidential
			 and privileged.
f. The department
			 may transmit transcripts or copies of reported cases to state or national brain
			 and spinal cord injury registries when the reports relate to residents of other
			 states or countries. The agreement shall require that the transcripts or
			 records be used for statistical purposes only and that the identity of reported
			 cases shall not be released.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 21 - Central Registry for Brain and Spinal Cord Injuries › Rule 641-21.7 - Quality Assurance

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of ensuring the completeness and quality of
				submitted data, each hospital may allow the department inspection of parts of
				patient's medical reports as necessary to verify or clarify these data by
				signing an agreement. The department's authorized representative may enter the
				facility, obtain the information, and report it in the appropriate form. Prior
				to inspecting the records, this department shall work with the hospital to
				determine a time and date agreeable to both parties.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 22 - Practice of Tattooing › Rule 641-22.3 - General Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Tattoo artists
			 and tattoo establishments that fail to meet the criteria of Iowa Code section
			 10A.531 or these rules are
			 guilty of a serious misdemeanor.
(2) Compliance with Iowa Code section
			 10A.531 and these rules does not
			 exempt tattoo artists and tattoo establishments from other applicable state or
			 local laws.
(3) Tattooing may only
			 be practiced in facilities that have applied for and received a tattoo
			 establishment permit pursuant to Iowa Code section
			 10A.531. Tattooing performed in
			 the practice of medicine by a physician, surgeon, osteopathic physician or
			 surgeon, or other qualified licensed or certified nonphysician persons to whom
			 a physician, surgeon, osteopathic physician or surgeon has appropriately
			 delegated pursuant to 653-Chapter 13 does not require a permit pursuant to Iowa
			 Code section 10A.531.
(4) Notwithstanding local zoning codes, where
			 zoning codes exist, tattooing shall not be practiced in a residential dwelling,
			 inclusive of an attached garage. New tattoo establishments must be in
			 commercial buildings where zoning ordinances exist. A waiver will be granted to
			 any tattoo establishment in a residential dwelling if it has been operating
			 continuously since being granted a permit prior to January 1, 2010.
(5) Tattoo establishments are inspected
			 annually.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 22 - Practice of Tattooing › Rule 641-22.4 - Sanitation and Infection Control

Current through Register Vol. 47, No. 3, July 24, 2024
Tattoo establishments shall comply with the following:
(1) Tables, chairs, and other general-use
			 equipment in the tattoo area are constructed of impervious and easily cleanable
			 material.
(2) A sink for hand
			 washing supplied with potable hot and cold running water under pressure to a
			 mixing-type faucet is easily accessible in the tattooing area. Hand-washing
			 facilities are supplied with liquid soap and single-use towels or hand
			 dryer.
(3) Easily accessible toilet
			 facilities with a sink for hand washing are available for employee use and
			 patron use.
(4) The tattoo
			 establishment has an area of at least 300 square feet and is adequately lighted
			 and ventilated.
(5) Floors in the
			 tattoo area are finished with an impervious, washable surface.
(6) The entire premises and all facilities
			 used in connection therewith are maintained in a clean, sanitary, vermin-free
			 condition and in good repair.
(7)
			 All refuse is stored in rigid containers with plastic liners that are emptied
			 at least once each business day.
(8) Closed cabinets or containers are
			 exclusively used for the storage of instruments, dyes, pigments, stencils,
			 tattoo machines, and other equipment.
(9) Smoking is not allowed pursuant to Iowa
			 Code chapter 142D.
(10) Consumption
			 of food or drink is not allowed in the tattoo area.
(11) Intoxicating beverages or controlled
			 substances will not be used, consumed, served, possessed, or distributed on the
			 establishment's premises.
(12)
			 Tattoo artists not currently permitted in the state of Iowa will not tattoo in
			 the establishment.
(13) No animals,
			 except service animals, are permitted in a tattoo establishment. Aquariums
			 containing fish are allowed in waiting rooms and non-tattoo areas.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 22 - Practice of Tattooing › Rule 641-22.5 - Equipment

Current through Register Vol. 47, No. 3, July 24, 2024
Tattoo establishments shall maintain equipment in a clean and
				sanitary condition and comply with the following:
(1) Cups to hold ink or dye are for
			 single-patron use. Any ink or dye, once dispensed into an ink cup, is disposed
			 of immediately following use.
(2)
			 Any dye or ink in which needles were dipped is not used on another
			 person.
(3) All tubes, tips and
			 grips used for the tattoo procedure that are not sterile, not for single-patron
			 use, and not disposable are physically cleaned with a detergent according to
			 manufacturers' recommendations and then steam-sterilized or dry-heat sterilized
			 before use on another person. Steam sterilization is at 250 degrees Fahrenheit
			 (121 degrees Celsius) for 15 minutes at a minimum pressure of 15 pounds per
			 square inch. Dry-heat sterilization is at 350 degrees Fahrenheit (170 degrees
			 Celsius) for one hour. Steam sterilization is preferred.
(4) All instruments needing sterilization are
			 sterilized on site. All instruments to be sterilized are placed in closed
			 pouches after sterilization is complete. The pouches are dated effective for 30
			 days, after which the instruments are resterilized and the pouches
			 redated.
(5) Sterilizers are
			 monitored monthly for spores of Bacillus subtilis, and records of results are
			 maintained for three years. Written procedures to follow in the event of
			 positive spore tests are maintained and implemented, including:
a. In the event of a positive spore test,
			 materials processed in that sterilizer, dating from the sterilization cycle
			 having the positive biological indicator to the next cycle showing satisfactory
			 biologic indicator challenge results, are considered nonsterile and are
			 reprocessed before being used.
b. A
			 sterilizer that has received a positive spore test is immediately removed from
			 service.
c. Prior to putting a
			 sterilizer that has received a positive spore test back into service, the owner
			 ensures that there is evidence of one negative spore test.
d. The owner notifies the inspection agency
			 of a positive spore test within 24 hours of receiving the test
			 result.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 22 - Practice of Tattooing › Rule 641-22.6 - Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Tattoo establishments shall comply with the following:
(1) Tattoo establishments will establish a
			 written standard operating procedure (SOP) that includes the process for setup
			 and tear down of tattoo procedures. The SOP focuses on procedures of hygiene
			 and cross-contamination control.
(2) For privacy purposes and at the patron's
			 request, establishments have in place or readily available a nontransparent
			 panel or other barrier of sufficient height and width to effectively separate
			 the patron from any unwanted observers or waiting patrons.
(3) Tattoo artists scrub their hands
			 thoroughly before beginning the tattoo procedure. Tattoo artists dry their
			 hands with individual single-use towels or hand dryer.
(4) Tattoo artists wear clean garments and
			 disposable latex, nitrile, chloroprene, or vinyl gloves during the tattoo
			 procedure. Gloves are changed after each tattoo. Tattoo artists wash their
			 hands before and after each tattoo procedure.
(5) All items with which the gloved hands of
			 the tattoo artist would normally come into contact during the tattooing
			 procedure have appropriate barrier films covering them, including clip cords,
			 squeeze bottles, seat adjustment controls, power control dials or buttons, and
			 work lamps.
(6) The skin area to be
			 tattooed is first cleansed with soap and water. Single-use towels or sponges
			 (gauze) are used during the cleansing procedure.
(7) Before placing the tattoo design on the
			 patron's skin, the tattoo artist prepares the skin with 70 percent ethyl or
			 isopropyl alcohol solution or an equally effective antiseptic or
			 antimicrobial.
(8) Tattooing is not
			 performed on any area where there is evidence of skin infection, irritation, or
			 abnormalities.
(9) After the
			 tattooing is completed, the tattoo artist:
a.
			 Applies an adequate dressing or bandage to the tattoo area.
b. Provides to the persons tattooed printed
			 aftercare instructions regarding tattoo care during the healing
			 process.
c. Thoroughly cleans the
			 machine head with an acceptable disinfectant and sprays an acceptable surface
			 disinfectant over the work area during the clean-up procedures before the area
			 is set up for the next tattoo procedure.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 22 - Practice of Tattooing › Rule 641-22.7 - Permit Issuance and Renewal

Current through Register Vol. 47, No. 3, July 24, 2024
The following apply to applications for a permit to practice as
				a tattoo artist or as a tattoo establishment.
(1) An applicant will complete either an
			 online application or a paper application according to the instructions
			 contained in the application. Paper applications are available to download at
			 the department's website. Each application must be accompanied by the
			 appropriate fee as set forth in subrule 22.8(2) to be processed. A paper
			 application is accompanied by the appropriate fee payable by check or money
			 order to the department. Online application fees are paid by credit card only.
			 An application that includes insufficient or incorrect fees is considered
			 incomplete. If the applicant is notified that the application is incomplete,
			 the applicant should contact the department within 90 days. Incomplete
			 applications are considered invalid and destroyed after 90 days.
(2) Documentation of medical conditions and
			 criminal convictions related to the practice of the profession shall include a
			 full explanation from the applicant. No application is considered complete
			 until the applicant responds to any program requests for additional information
			 regarding the applicant's medical condition or criminal conviction.
(3) All permits expire on December 31 for the
			 year issued. An applicant will submit a completed application, supporting
			 documentation, and renewal fee annually by December 1 for renewal. The permit
			 holder has a current permit in possession before performing tattooing. An
			 applicant who submits a renewal application after December 1 will be obligated
			 to pay an additional $25 for each month delinquent.
(4) The permit holder is responsible for
			 renewing the permit prior to its expiration.
(5) A permit that has not been renewed within
			 90 days of the permit expiration date will automatically be deactivated. There
			 will be a $25 reinstatement fee charged for reactivating a permit in addition
			 to the renewal fee.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 22 - Practice of Tattooing › Rule 641-22.8 - Fees

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All fees are
			 nonrefundable.
(2) Fees for all
			 initial and renewal applications are as follows:
a. Tattoo artist: $75.
b. Tattoo establishment: $100.
c. Temporary tattoo establishment:
(1) 0 to 10 participating artists:
			 $100.
(2) 11 to 100 participating
			 artists: $200.
(3) 101 or more
			 participating artists: $300.
d. Mobile tattoo unit: $100.
e. Mobile tattoo event: $25 per
			 event.
f. Tattoo establishment
			 change of ownership: $25.
g. Tattoo
			 establishment change of location: $25.
h. Mobile tattoo unit change of location:
			 $25.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 22 - Practice of Tattooing › Rule 641-22.9 - Tattoo Establishment Permit Criteria

Current through Register Vol. 47, No. 3, July 24, 2024
(1) No tattoo
			 establishment may operate in the state without having a permit to operate
			 issued by the department. Permits shall be posted in a conspicuous location in
			 the tattoo establishment.
(2) A
			 person applying for a tattoo establishment permit will submit a floor plan of
			 the establishment with the application.
(3) A permit to operate is issued to a new
			 establishment when the department or its representative has successfully
			 completed an on-site inspection.
(4) Tattoo establishment permits are
			 nontransferable.
(5) A tattoo
			 establishment shall retain a record of all persons who have had tattoo
			 procedures performed at the establishment. Records include the client's name
			 and date of birth, copy of client's identification, date of the procedure, name
			 of the tattoo artist who performed the procedure(s), and signature of client.
			 Records shall be retained in a confidential manner for a minimum of three years
			 and made available to the department or inspection agency upon
			 request.
(6) Change in ownership.
			 Within 30 days of a change in ownership of a tattoo establishment, the new
			 owner shall submit a change in ownership application and fee for a new permit.
			 An on-site inspection will be completed before a permit to operate will be
			 issued.
(7) Within 30 days of a
			 change of location of a tattoo establishment, the owner shall submit a change
			 of location application and a fee for a new permit. An on-site inspection will
			 be completed by the inspection agency before a permit to operate will be
			 issued.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 22 - Practice of Tattooing › Rule 641-22.10 - Tattoo Artist Permit Criteria

Current through Register Vol. 47, No. 3, July 24, 2024
(1) No person may
			 perform tattooing without a current permit to operate issued by the
			 department.
(2) Each permit issued
			 is in effect solely for the tattoo artist named thereon and remains with the
			 tattoo artist upon any change of employment. Tattoo artist permits are
			 nontransferable.
(3) An applicant
			 for a tattoo artist permit must be at least 18 years of age and submit
			 government-issued documentation to show proof of attaining the age of 18
			 years.
(4) A tattoo artist must
			 provide proof of current certification by the American Red Cross for
			 blood-borne pathogens and standard first aid or other equivalent, nationally
			 recognized certification.
(5)
			 Permits shall be posted in a conspicuous place in the tattoo
			 establishment.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 22 - Practice of Tattooing › Rule 641-22.11 - Temporary Establishment Permit Criteria

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A person must
			 submit a temporary tattoo establishment application form, a floor plan of the
			 facility, promotional documentation for the event, and the appropriate fee at
			 least 30 days prior to the event to obtain a temporary establishment permit.
			 Fees are based on the number of participating tattoo artists. The application
			 will specify the following:
a. The purpose for
			 which the permit is requested.
b.
			 The period of time during which the permit is needed (not to exceed 14 calendar
			 days per event).
c. The fulfillment
			 of tattoo artist criteria as specified in rule
			 641-22.10 (10A). A list of
			 participating tattoo artists shall be sent to the tattoo program no later than
			 one week prior to the event.
d. The
			 location at which the temporary event will be held.