PUBLIC HEALTH DEPARTMENT[641]

Rules of divisions under this department “umbrella” include Substance Abuse[643], Professional Licensure[645], Dental Examiners[650], Medical Examiners[653], Nursing Board[655] and Pharmacy Examiners[657]

CHAPTER 1
NOTIFICATION AND SURVEILLANCE OF REPORTABLE COMMUNICABLE
AND INFECTIOUS DISEASES, POISONINGS AND CONDITIONS

1.1(139A)                    Definitions

1.2(139A)                    Authority

1.3(139A)                    Reportable diseases

1.4(135,139A)             Reporting and investigation

1.5(139A)                    Reporting forms

1.6(139A)                    Who should report

1.7(139A)                    Treatment of infant eyes

1.8(139A)                    Isolation

1.9(135,139A)             Quarantine and isolation

1.10(139A)                  Disinfection

1.11(141A)                  Contagious or infectious disease notification at time of death

1.12(135,137,139A)    Quarantine and isolation—model rule for local boards

1.13(135,139A)           Area quarantine

CHAPTER 2
HEPATITIS PROGRAMS

VIRAL HEPATITIS PROGRAM—VACCINATIONS
AND TESTING

2.1(135)                       Definitions

2.2(135)                       Purpose

2.3(135)                       Exposure risks for hepatitis C virus

2.4(135)                       Information for public distribution

2.5(135)                       Hepatitis vaccination and testing program

2.6 to 2.8                     Reserved

HEPATITIS C AWARENESS PROGRAM—VETERANS

2.9(135)                       Definitions

2.10(135)                     Purpose

2.11(135)                     Awareness materials

2.12(135)                     Awareness information

2.13(135)                     Resources for hepatitis follow–up and treatment

CHAPTER 3
EARLY HEARING DETECTION
AND INTERVENTION

3.1(80GA,ch102)        Definitions

3.2(80GA,ch102)        Purpose

3.3(80GA,ch102)        Goal and outcomes

3.4(80GA,ch102)        Screening the hearing of all newborns

3.5(80GA,ch102)        Procedures required of birthing hospitals

3.6(80GA,ch102)        Procedures required of birth centers

3.7(80GA,ch102)        Procedures to ensure that children born in locations other than a birth center or birthing hospital receive a hearing screening

3.8(80GA,ch102)        Reporting hearing screening results and information to the department

3.9(80GA,ch102)        Conducting and reporting diagnostic audiologic assessments to the department

3.10(80GA,ch102)      Sharing of information and confidentiality

3.11(80GA,ch102)      Reporting requirements for AEAs

3.12(80GA,ch102)      Procedure to accommodate parental objection

3.13(80GA,ch102)      Civil/criminal liability

CHAPTER 4
CENTER FOR CONGENITAL
AND INHERITED DISORDERS

4.1(136A)                    Program explanation

4.2(136A)                    Definitions

4.3(136A)                    Iowa neonatal metabolic screening program (INMSP)

4.4(136A)                    Expanded maternal serum alpha–fetoprotein screening program

4.5(136A)                    Regional genetic consultation service (RGCS)

4.6(136A)                    Neuromuscular and other related genetic disease program (NMP)

4.7(136A)                    Iowa registry for congenital and inherited disorders

CHAPTER 5
MATERNAL DEATHS

5.1(135)                       Reporting of maternal deaths

5.2(135)                       Ascertainment of maternal deaths

5.3(135)                       Reviewing of maternal deaths

CHAPTER 6
VENEREAL DISEASE PROPHYLACTICS

6.1(135)                       Definitions

6.2(135)                       Application for permit

6.3(135)                       Permit number and decal to be displayed

6.4(135)                       Compliance

6.5(135)                       Standards

CHAPTER 7
IMMUNIZATION AND IMMUNIZATION EDUCATION:  PERSONS ATTENDING ELEMENTARY OR SECONDARY SCHOOLS, LICENSED CHILD CARE CENTERS OR INSTITUTIONS OF
HIGHER EDUCATION

7.1(139A)                    Definitions

7.2(139A)                    Persons included

7.3(139A)                    Persons excluded

7.4(139A)                    Required immunizations

7.5(139A)                    Required education

7.6(139A)                    Proof of immunization

7.7(139A)                    Provisional enrollment

7.8(139A)                    Records and reporting

7.9(139A)                    Providing immunization services

7.10(139A)                  Compliance

7.11(22)                       Iowa’s immunization registry

7.12(22)                       Release of immunization information

CHAPTER 8
SEXUAL ASSAULT EXAMINATION
AND REIMBURSEMENT

Transferred to 61—Justice Department 8/8/90; see 61—9.82, 9.83

CHAPTER 9
OUTPATIENT DIABETES EDUCATION PROGRAMS

9.1(135)                       Scope

9.2(135)                       Definitions

9.3(135)                       Powers and duties

9.4(135)                       Application procedures for American Diabetes Association recognized program

9.5(135)                       Renewal procedures for American Diabetes Association recognized programs

9.6(135)                       Application procedures for programs not recognized by the American Diabetes Association

9.7(135)                       Diabetes program management for programs not recognized by the American Diabetes Association

9.8(135)                       Program staff for programs not recognized by the American Diabetes Association

9.9(135)                       Renewal application procedures for programs not recognized by the American Diabetes Association

9.10(135)                     Annual report

9.11(135)                     Enforcement

9.12(135)                     Complaints

9.13(135)                     Appeal process

9.14(135)                     Formal contest

CHAPTER 10
Reserved

CHAPTER 11
ACQUIRED IMMUNE
DEFICIENCY SYNDROME (AIDS)

11.1 to 11.15               Reserved

CERTIFICATION OF LABORATORIES
FOR HIV TESTING

11.16(141)                   Purpose

11.17(141)                   Definitions

11.18(141)                   Responsibilities of the department

11.19(141)                   Initial application and certification requirements

11.20                           Reserved

11.21(141)                   Renewal of laboratory certification

11.22(141)                   Reinstatement of certification

11.23(141)                   Application fees and inspection costs

11.24(141)                   Requirements for laboratory personnel

11.25(141)                   Laboratory procedures and procedure manual requirements

11.26(141)                   Notification of certain changes during a certification period

11.27(141)                   Testing methodologies and confirmation of positive test results

11.28(141)                   Record maintenance and documentation of the testing process

11.29(141)                   Reporting of test results to the department

11.30(141)                   Complaints or noncompliance

11.31(141)                   Adverse actions and the appeal process

11.32 to 11.34             Reserved

TRAINING PROGRAMS

11.35(141)                   Purpose

11.36 to 11.39             Reserved

DIRECT NOTIFICATION OF AN IDENTIFIABLE
THIRD PARTY

11.40(141)                   Purpose

11.41 to 11.44             Reserved

EMERGENCY CARE PROVIDERS EXPOSED
TO CONTAGIOUS OR INFECTIOUS DISEASES

11.45(139B,141)         Purpose

11.46(139B,141)         Definitions

11.47(139B,141)         General provisions

11.48(139B,141)         Contagious or infectious diseases, not including HIV—hospitals

11.49(139B,141)         Contagious or infectious diseases, not including HIV—health care
providers

11.50(139B,141)         HIV infection—hospitals

11.51(139B,141)         HIV infection—health care providers

11.52(139B,141)         Immunity

11.53(139B,141)         Confidentiality

11.54 to 11.69             Reserved

hiv–related test for convicted or alleged sexual–assault offenders and the victims

11.70(709B)                Purpose

11.71(709B)                Definitions

11.72(709B)                HIV test—convicted or alleged sexual assault offender

11.73(709B)                Medical examination costs

11.74(709B)                Testing, reporting, and
counseling—penalties

11.75 to 11.79             Reserved

hiv home collection

11.80(126)                   Purpose

11.81(126)                   Definitions

11.82(126)                   HIV home testing kit

11.83(126)                   HIV home collection kit

AIDS DRUG ASSISTANCE PROGRAM (ADAP)

11.84(141A)                Definitions

11.85(141A)                Purpose

11.86(141A)                Eligibility requirements

11.87(141A)                Enrollment process

11.88(141A)                Distribution requirements

11.89(141A)                ADAP waiting list

11.90(141A)                Appeals

11.91(141A)                Confidentiality

CHAPTER 12
APPROVAL OF CONFIRMATORY
LABORATORIES FOR PRIVATE SECTOR DRUG–FREE WORKPLACE TESTING

12.1(730)                     Purpose

12.2(730)                     Definitions

12.3(730)                     Powers and duties

12.4(730)                     Application procedures and requirements

12.5(730)                     Requirements of laboratory personnel involved in confirmatory testing for alcohol or other drugs, or their metabolites

12.6(730)                     Quality assurance program and procedure manual requirements

12.7(730)                     Analytical quality control

12.8(730)                     Sample security and confidentiality of test results

12.9(730)                     Confirmatory testing

12.10(730)                   Documentation of the confirmatory testing process

12.11(730)                   Reporting of confirmed positive test results to the medical review officer

12.12(730)                   Reporting requirements to department

12.13(730)                   Approval, renewal, and inspection fees

12.14(730)                   Renewal

12.15(730)                   Reciprocity

12.16(730)                   Changes during approval periods

12.17(730)                   Enforcement

12.18(730)                   Denial, suspension, modification or revocation of approval

12.19(730)                   Restoration of approval

12.20(730)                   Appeals process

12.21(730)                   Complaints

CHAPTER 13
Reserved

CHAPTER 14
RESIDENTIAL WATER TREATMENT

14.1(714)                     Purpose

14.2(714)                     Applicability

14.3(714)                     Definitions

14.4(714)                     Performance testing

14.5(714)                     Approval of third–party testing agencies

14.6(714)                     Labeling and manufacturer’s performance data sheet

14.7(714)                     Consumer information pamphlet

14.8(714)                     Registration

14.9(714)                     Penalties

CHAPTER 15
SWIMMING POOLS AND SPAS

15.1(135I)                   Applicability

15.2(135I)                   Scope

15.3(135I)                   Definitions and abbreviations

swimming pools

15.4(135I)                   Swimming pool operations

15.5(135I)                   Construction and reconstruction

administration

15.6(135I)                   Enforcement

15.7(135I)                   Variances

15.8(135I)                   Penalties

15.9(135I)                   Registration

15.10(135I)                 Training courses

15.11(135I)                 Swimming pool/spa operator qualifications

15.12(135I)                 Fees

15.13(135I)                 28E agreements

15.14(135I)                 Application denial or partial
denial—appeal

15.15 to 15.50             Reserved

SPAS

15.51(135I)                 Spa operations

15.52(135I)                 Construction and reconstruction

CHAPTERS 16 to 19
Reserved

CHAPTER 20
COMMUNITY WATER FLUORIDATION GRANT PROGRAM

20.1(135)                     Purpose

20.2(135)                     Definitions

20.3(135)                     Applications

20.4(135)                     Review and rating of applications

20.5(135)                     Project contracts

20.6(135)                     Implementation procedures

20.7(135)                     Reimbursement

20.8(135)                     Termination

20.9(135)                     Appeals

CHAPTER 21
CENTRAL REGISTRY FOR BRAIN
AND SPINAL CORD INJURIES

21.1(135)                     Purpose

21.2(135)                     Definitions

21.3(135)                     Reportable injuries

21.4(135)                     Who reports and under what circumstances

21.5(135)                     Method and frequency of reporting

21.6(135)                     Confidentiality

21.7(135)                     Quality assurance

CHAPTER 22
PRACTICE OF TATTOOING

22.1(135)                     Purpose

22.2(135)                     Definitions

22.3(135)                     General provisions

22.4(135)                     Sanitation and infection control

22.5(135)                     Equipment

22.6(135)                     Procedures

22.7(135)                     Application for permit—fees

22.8(135)                     Variances

22.9(135)                     Adverse actions and the appeal process

CHAPTER 23
Reserved

CHAPTER 24
PRIVATE WELL TESTING, RECONSTRUCTION, AND PLUGGING—GRANTS TO COUNTIES

24.1(135)                     Applicability

24.2(135)                     Definitions

24.3(135)                     Eligibility

24.4(135)                     Goal and objectives

24.5(135)                     Eligible grant costs

24.6(135)                     Ineligible grant costs

24.7(135)                     Performance requirements

24.8(135)                     Contents of grant application

24.9(135)                     Grant application submission

24.10(135)                   Multicounty grant applications

24.11(135)                   Grant period

24.12(135)                   Record keeping and retention

24.13(135)                   Grant amendments

24.14(135)                   Termination or forfeiture of grant funds

CHAPTER 25
STATE PLUMBING CODE

25.1(135)                     Adoption

25.2(135)                     Applicability

25.3(135)                     Fuel gas piping

25.4(135)                     Amendments to the Uniform Plumbing Code

25.5(135)                     Backflow prevention with containment

CHAPTER 26
BACKFLOW PREVENTION ASSEMBLY TESTER REGISTRATION

26.1(135K)                  Applicability

26.2(135K)                  Definitions

26.3(135K)                  Registration required

26.4(135K)                  Backflow prevention assembly tester training

26.5(135K)                  Registration

26.6(135K)                  Standards of conduct

26.7(135K)                  Penalty

26.8(135K)                  Denial, suspension or revocation

CHAPTERS 27 to 37
Reserved

CHAPTER 38
GENERAL PROVISIONS FOR
RADIATION MACHINES AND
RADIOACTIVE MATERIALS

38.1(136C)                  Purpose and scope

38.2(136C)                  Definitions

38.3(136C)                  Exemptions from the regulatory requirements

38.4(136C)                  General regulatory requirements

38.5                             Reserved

38.6(136C)                  Prohibited uses

38.7(136C)                  Communications

38.8(136C)                  Fees

38.9(136C)                  Administrative enforcement actions

38.10(136C)                Deliberate misconduct

CHAPTER 39
REGISTRATION OF RADIATION
MACHINE FACILITIES, LICENSURE OF RADIOACTIVE MATERIALS AND
TRANSPORTATION OF RADIOACTIVE MATERIALS

39.1(136C)                  Purpose and scope

39.2(136C)                  Definitions

39.3(136C)                  Requirements for registration of X–ray and other electronic machines that produce radiation

39.4(136C)                  Requirements for licensing of radioactive materials

39.5(136C)                  Transportation of radioactive material

CHAPTER 40
STANDARDS FOR PROTECTION AGAINST RADIATION

GENERAL PROVISIONS

40.1(136C)                  Purpose and scope

40.2(136C)                  Definitions

40.3(136C)                  Implementation

40.4 to 40.9                 Reserved

RADIATION PROTECTION PROGRAMS

40.10(136C)                Radiation protection programs

40.11 to 40.14             Reserved

OCCUPATIONAL DOSE LIMITS

40.15(136C)                Occupational dose limits for adults

40.16(136C)                Compliance with requirements for summation of external and internal doses

40.17(136C)                Determination of external dose from airborne radioactive material

40.18(136C)                Determination of internal exposure

40.19(136C)                Determination of prior occupational dose

40.20(136C)                Planned special exposures

40.21(136C)                Occupational dose limits for minors

40.22(136C)                Dose equivalent to an embryo/fetus

40.23 to 40.25             Reserved

RADIATION DOSE LIMITS FOR INDIVIDUAL
MEMBERS OF THE PUBLIC

40.26(136C)                Dose limits for individual members of the public

40.27(136C)                Compliance with dose limits for individual members of the public

radiological criteria for
license termination

40.28(136C)                Radiological criteria for license termination

40.29(136C)                Radiological criteria for unrestricted use

40.30(136C)                Criteria for license termination under restricted conditions

40.31(136C)                Alternate criteria for license termination

TESTING FOR LEAKAGE OR CONTAMINATION OF SEALED SOURCES

40.32(136C)                Testing for leakage or contamination of sealed sources

40.33 to 40.35             Reserved

SURVEYS AND MONITORING

40.36(136C)                Surveys and monitoring—
general

40.37(136C)                Conditions requiring individual monitoring of external and internal occupational dose

40.38 to 40.41             Reserved

CONTROL OF EXPOSURE FROM EXTERNAL SOURCES IN RESTRICTED AREAS

40.42(136C)                Control of access to high radiation areas

40.43(136C)                Control of access to very high radiation areas

40.44(136C)                Control of access to very high radiation areas—irradiators

40.45 to 40.47             Reserved

RESPIRATORY PROTECTION AND CONTROLS
TO RESTRICT INTERNAL EXPOSURE IN RESTRICTED AREAS

40.48(136C)                Use of process or other engineering controls

40.49(136C)                Use of other controls

40.50(136C)                Use of individual respiratory protection equipment

40.51 to 40.53             Reserved

STORAGE AND CONTROL OF LICENSED OR
REGISTERED SOURCES OF RADIATION

40.54(136C)                Security and control of licensed radioactive material in quantities of concern

40.55(136C)                Security and control of licensed or registered sources of radiation

40.56 to 40.59             Reserved

PRECAUTIONARY PROCEDURES

40.60(136C)                Caution signs

40.61(136C)                Posting requirements

40.62(136C)                Exceptions to posting requirements

40.63(136C)                Labeling containers and radiation machines

40.64(136C)                Exemptions to labeling requirements

40.65(136C)                Procedures for receiving and opening packages

40.66 to 40.69             Reserved

WASTE DISPOSAL

40.70(136C)                General requirements

40.71(136C)                Method for obtaining approval of proposed disposal procedures

40.72(136C)                Disposal by release into sanitary sewerage

40.73(136C)                Treatment or disposal by incineration

40.74(136C)                Disposal of specific wastes

40.75(136C)                Transfer for disposal and manifests

40.76(136C)                Compliance with environmental and health protection regulations

40.77 to 40.79             Reserved

RECORDS

40.80(136C)                General provisions

40.81(136C)                Records of radiation protection programs

40.82(136C)                Records of surveys

40.83(136C)                Records of tests for leakage or contamination of sealed sources

40.84(136C)                Records of prior occupational dose

40.85(136C)                Records of planned special exposures

40.86(136C)                Records of individual monitoring results

40.87(136C)                Records of dose to individual members of the public

40.88(136C)                Records of waste disposal

40.89(136C)                Records of testing entry control devices for very high radiation areas

40.90(136C)                Form of records

40.91 to 40.94             Reserved

REPORTS

40.95(136C)                Reports of stolen, lost, or missing licensed or registered sources of radiation

40.96(136C)                Notification of incidents

40.97(136C)                Reports of exposures, radiation levels, and concentrations of radioactive material exceeding the constraints or limits

40.98(136C)                Reports of planned special exposures

40.99(136C)                Reports of transactions involving nationally tracked sources

40.100(136C)              Reports of individual monitoring

40.101(136C)              Notifications and reports to individuals

40.102(136C)              Reports of leaking or contaminated sealed sources

40.103 and 40.104      Reserved

ADDITIONAL REQUIREMENTS

40.105(136C)              Vacating premises

40.106 to 40.109         Reserved

NOTICES, INSTRUCTIONS, AND REPORTS TO
WORKERS; INSPECTIONS

40.110(136C)              Posting of notices to workers

40.111(136C)              Instructions to workers

40.112(136C)              Notifications and reports to individuals

40.113(136C)              Presence of representatives of licensees or registrants and workers during inspection

40.114(136C)              Consultation with workers during inspections

40.115(136C)              Requests by workers for inspections

40.116(136C)              Inspections not warranted—informal review

40.117(136C)              Employee protection

CHAPTER 41
SAFETY REQUIREMENTS FOR THE USE OF RADIATION MACHINES AND CERTAIN USES OF RADIOACTIVE MATERIALS

41.1(136C)                  X–rays in the healing arts

41.2(136C)                  Use of radionuclides in the healing arts

41.3(136C)                  Therapeutic use of radiation machines

41.4 and 41.5              Reserved

41.6(136C)                  X–ray machines used for screening and diagnostic mammography

41.7(136C)                  X–ray machines used for stereotactically guided breast biopsy

CHAPTER 42
MINIMUM CERTIFICATION STANDARDS FOR DIAGNOSTIC RADIOGRAPHERS, NUCLEAR MEDICINE TECHNOLOGISTS, AND RADIATION THERAPISTS

42.1(136C)                  Purpose and scope

42.2(136C)                  General requirements

42.3(136C)                  Specific requirements for diagnostic radiographers

42.4(136C)                  Specific requirements for nuclear medicine technologists

42.5(136C)                  Specific requirements for radiation therapists

42.6(136C)                  Specific eligibility requirements for radiologist assistant

42.7(136C)                  Specific requirements for podiatric radiographers

CHAPTER 43
MINIMUM REQUIREMENTS FOR RADON TESTING AND ANALYSIS

43.1(136B)                  Purpose and scope

43.2(136B)                  Definitions

43.3(136B)                  General provisions

43.4(136B)                  Application for certification

43.5(136B)                  Revocation of certification

43.6(136B)                  Reporting requirements

43.7(136B)                  Training and continuing education programs

43.8(136B)                  Exemptions

43.9(136B)                  Enforcement

43.10(136B)                Penalties

43.11(136B)                Persons exempted from certification

CHAPTER 44
MINIMUM REQUIREMENTS FOR RADON MITIGATION

44.1(136B)                  Purpose and scope

44.2(136B)                  Definitions

44.3(136B)                  General provisions

44.4(136B)                  Application for credentialing

44.5(136B)                  Revocation of credentialing

44.6(136B)                  Additional record–keeping requirements

44.7(136B)                  Continuing education

44.8(136B)                  Exemptions

44.9(136B)                  Enforcement

44.10(136B)                Penalties

CHAPTER 45
RADIATION SAFETY REQUIREMENTS FOR INDUSTRIAL RADIOGRAPHIC OPERATIONS

45.1(136C)                  General requirements for industrial radiography operations

45.2(136C)                  Radiation safety requirements for the use of radiation machines in industrial radiography

45.3(136C)                  Radiation safety requirements for use of sealed sources of radiation in industrial radiography

45.4(136C)                  Radiation safety requirements for the use of particle accelerators for nonhuman use

45.5(136C)                  Radiation safety requirements for analytical X–ray equipment

45.6(136C)                  Radiation safety requirements for well–logging, wireline service operations and subsurface tracer studies

CHAPTER 46
MINIMUM REQUIREMENTS FOR
TANNING FACILITIES

46.1(136D)                  Purpose and scope

46.2(136D)                  Definitions

46.3(136D)                  Exemptions

46.4(136D)                  Permits and fees

46.5(136D)                  Construction and operation of tanning facilities

46.6(136D)                  Inspections, violations and injunctions

CHAPTERS 47 to 54
Reserved

CHAPTER 55
ADVISORY COUNCIL ON HEAD INJURIES

55.1(135)                     Council established

55.2(135)                     Meetings

55.3(135)                     Task forces

55.4(135)                     Minutes

55.5(135)                     Duties of the council

55.6(135)                     Conflict of interest

CHAPTER 56
BRAIN INJURY SERVICES PROGRAM

56.1(135)                     Definitions

56.2(135)                     Purpose

56.3(135)                     Waiver–eligible component

56.4(135)                     Cost–share component

56.5(135)                     Application process

56.6(135)                     Service providers and reimbursement

56.7(135)                     Available services/service plan

56.8(135)                     Redetermination

56.9(135)                     Appeal rights

CHAPTERS 57 to 67
Reserved

CHAPTER 68
CONTROL OF LEAD–BASED
PAINT HAZARDS

68.1(135)                     Applicability

68.2(135)                     Definitions

68.3(135)                     Elevated blood lead (EBL) inspections required

68.4(135)                     Refusal of admittance

68.5(135)                     Lead hazard reduction required

68.6(135)                     Retaliation prohibited

68.7(135)                     Enforcement

68.8(135)                     Hearings

68.9(135)                     Variances

68.10(135)                   Injunction

68.11(135)                   Effective date

CHAPTER 69
RENOVATION, REMODELING, AND
REPAINTING—LEAD HAZARD
NOTIFICATION PROCESS

69.1(135)                     Applicability

69.2(135)                     Definitions

69.3(135)                     Notification required

69.4(135)                     Notification required in multifamily housing

69.5(135)                     Emergency renovation, remodeling, and repainting

69.6(135)                     Certification of attempted delivery

69.7(135)                     Exemption

69.8(135)                     Record–keeping requirements

69.9(135)                     Compliance inspections

69.10(135)                   Enforcement

69.11(135)                   Waivers

CHAPTER 70
LEAD–BASED PAINT ACTIVITIES

70.1(135)                     Applicability

70.2(135)                     Definitions

70.3(135)                     Certification

70.4(135)                     Course approval and standards

70.5(135)                     Certification, interim certification, and recertification

70.6(135)                     Work practice standards for conducting lead–based paint activities in target housing and child–occupied facilities

70.7(135)                     Firms

70.8(135)                     Lead–safe work practices training program approval and lead–safe work practices contractor registration

70.9(135)                     Compliance inspections

70.10(135)                   Denial, suspension, or revocation of certification; denial, suspension, revocation, or modification of course approval; and imposition of penalties

70.11(135)                   Waivers

CHAPTER 71
EMERGENCY INFORMATION SYSTEM ON PESTICIDES FOR USE BY HEALTH CARE PROVIDERS DURING
MEDICAL EMERGENCIES

71.1(139A)                  Scope

71.2(139A)                  Definitions

71.3(139A)                  Operation of EIS

CHAPTER 72
CHILDHOOD LEAD POISONING PREVENTION PROGRAM

72.1(135)                     Definitions

72.2(135)                     Approved programs

72.3(135)                     Level of funding

72.4(135)                     Appeals

CHAPTER 73
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS,
AND CHILDREN (WIC)

73.1(135)                     Program explanation

73.2(135)                     Adoption by reference

73.3(135)                     Availability of rules

73.4(135)                     Certain rules exempted from public participation

73.5(135)                     Definitions

73.6(135)                     Staffing of contract agencies

73.7(135)                     Certification of participants

73.8(135)                     Food delivery

73.9(135)                     Food package

73.10(135)                   Education

73.11(135)                   Health services

73.12(135)                   Appeals and fair hearings—local agencies and vendors

73.13(135)                   Right to appeal—participant

73.14(135)                   State monitoring of contract agencies

73.15(135)                   Migrant services

73.16(135)                   Civil rights

73.17(135)                   Audits

73.18(135)                   Reporting

73.19(135)                   Program violation

73.20(135)                   Data processing

73.21(135)                   Outreach

73.22(135)                   Caseload management

73.23(135)                   Grant application procedures for contract agencies

73.24(135)                   Participant rights

CHAPTER 74
FAMILY PLANNING SERVICES

74.1(135)                     Program explanation

74.2(135)                     Adoption by reference

74.3(135)                     Rule coverage

74.4(135)                     Definitions

74.5(135)                     Grant application procedures for contract agencies

74.6(135)                     Funding levels for contract agencies

74.7(135)                     Agency performance

74.8(135)                     Reporting

74.9(135)                     Fiscal management

74.10(135)                   Audits

74.11(135)                   Denial, suspension, revocation, or reduction of contracts with contract agencies

74.12(135)                   Right to appealcontract agency

CHAPTER 75
STATEWIDE OBSTETRICAL AND
NEWBORN INDIGENT PATIENT
CARE PROGRAM

75.1(255A)                  Definitions

75.2(255A)                  Covered services

75.3(255A)                  Quota assignment

75.4(255A)                  Eligibility criteria

75.5(255A)                  Application procedures

75.6(255A)                  Reimbursement of providers

75.7(255A)                  Reassignment of county quotas

75.8(255A)                  Appeals and fair hearings

CHAPTER 76
MATERNAL AND CHILD
HEALTH PROGRAM

76.1(135)                     Program explanation

76.2(135)                     Adoption by reference

76.3(135)                     Rule coverage

76.4(135)                     Definitions

76.5(135)                     MCH services

76.6(135)                     Client eligibility criteria

76.7(135)                     Client application procedures for MCH services

76.8(135)                     Right to appealclient

76.9(135)                     Grant application procedures for community–based contract agencies

76.10(135)                   Funding levels for community–
based contract agencies

76.11(135)                   Contract agency performance

76.12(135)                   Reporting

76.13(135)                   Fiscal management

76.14(135)                   Audits

76.15                           Reserved

76.16(135)                   Denial, suspension, revocation or reduction of contracts with contract agencies

76.17(135)                   Right to appealcontract agency

CHAPTER 77
LOCAL BOARDS OF HEALTH

77.1(137)                     Purpose of local boards of health

77.2(137)                     Definitions

77.3(137)                     Roles and responsibilities of local boards of health

77.4(137)                     Organization of local boards of health

77.5(137)                     Operating procedures of local boards of health

77.6(137)                     Expenses of board of health members

CHAPTER 78
DISTRICT HEALTH DEPARTMENTS

78.1(137)                     Minimum standards for district health departments

78.2(137)                     Preparation of district health department plan

78.3(137)                     Approval of district health departments

78.4(137)                     Additions to district health departments

78.5(137)                     Withdrawal from district health departments

CHAPTER 79
Reserved

CHAPTER 80
LOCAL PUBLIC HEALTH SERVICES

80.1(135)                     Purpose

80.2(135)                     Definitions

80.3(135)                     Local public health services state grant

80.4(135)                     Billing services to the local public health services state grant

80.5(135)                     Right to appeal

80.6(135)                     Case management

80.7(135)                     Local board of health services

80.8(135)                     Local public health services

80.9(135)                     Public health nursing services

80.10(135)                   Home care aide services

CHAPTER 81
GENERAL RULES FOR MIGRATORY
LABOR CAMPS

81.1(138)                     Shelters

81.2(138)                     Water supply

81.3(138)                     Waste disposal

81.4(138)                     Bathing facilities

81.5(138)                     Central dining facilities

81.6(138)                     Safety and fire

CHAPTER 82
OFFICE OF MULTICULTURAL HEALTH

82.1(135)                     Purpose

82.2(135)                     Definitions

82.3(135)                     Responsibilities of the office of multicultural health

82.4(135)                     Advisory council

CHAPTER 83
Reserved

CHAPTER 84
STATE SUBSTITUTE MEDICAL
DECISION–MAKING BOARD

84.1(135)                     Purpose

84.2(135)                     Composition of board

84.3(135)                     Appointment

84.4(135)                     Duties

84.5(135)                     Officers

84.6(135)                     Meetings

84.7(135)                     Panels

84.8(135)                     Review of local boards

CHAPTER 85
LOCAL SUBSTITUTE MEDICAL
DECISION–MAKING BOARDS

85.1(135)                     Purpose

85.2(135)                     Definitions

85.3(135)                     Appointment of local boards

85.4(135)                     Filing an application

85.5(135)                     Notification of patient and review of application

85.6(135)                     Panel appointment and procedures

85.7(135)                     Panel determination of need for surrogate decision making

85.8(135)                     Panel determination regarding proposed medical care decision

85.9(135)                     Right of appeal

85.10(135)                   Procedure when there is no local board

85.11(135)                   Records and reports

85.12(135)                   Liability

CHAPTER 86
PLACES WHERE DEAD HUMAN BODIES ARE PREPARED FOR BURIAL
OR ENTOMBMENT

86.1(156)                     Purpose

86.2(156)                     Definitions

86.3(156)                     Licensing

86.4(156)                     Public access areas

86.5(156)                     Preparation room

86.6(156)                     Crematorium chambers

86.7(156)                     Inspection fees

CHAPTER 87
HEALTHY FAMILIES IOWA (HFI)

87.1(135)                     Purpose

87.2(135)                     Definitions

87.3(135)                     Applicant eligibility

87.4(135)                     Participant eligibility

87.5(135)                     Program requirements

87.6(135)                     Contractor assurance

87.7(135)                     Applicant appeal process

87.8(135)                     Participant right to appeal

CHAPTER 88
VOLUNTEER HEALTH CARE
PROVIDER PROGRAM

88.1(135)                     Definitions

88.2(135)                     Purpose

88.3(135)                     Eligibility for defense and indemnification coverage

88.4(135)                     Sponsor program eligibility

88.5(135)                     Covered health care services

88.6(135)                     Defense and indemnification

88.7(135)                     Term of agreement

88.8(135)                     Reporting requirements and duties

88.9(135)                     Revocation of eligibility and registration

88.10(135)                   Procedure for revocation of eligibility and registration

88.11(135)                   Effect of suspension or revocation

88.12(135)                   Registration denied

88.13(135)                   Board notice of disciplinary action

88.14(135)                   Effect of eligibility certification

88.15(135)                   Reporting by volunteer health care provider and program

CHAPTER 89
DECISION–MAKING ASSISTANCE
PROGRAM AND PARENTAL
NOTIFICATION OF INTENT TO
TERMINATE A PREGNANCY THROUGH ABORTION

89.1(135L)                  Title

89.2(135L)                  Purpose and scope

89.3(135L)                  Definitions

89.4 to 89.10               Reserved

DECISION–MAKING ASSISTANCE PROGRAM

89.11(135L)                Purpose

89.12(135L)                Initial appointment of a pregnant minor with a licensed physician from whom an abortion is sought and certification procedure for the decision–making assistance program

89.13 to 89.20             Reserved

NOTIFICATION PROCESS

89.21(135L)                Notification of parent prior to the performance of abortion on a pregnant minor

89.22(135L)                Exceptions to notification of parent

89.23(135L)                Physician compliance

89.24 and 89.25          Reserved

89.26(135L)                Fraudulent practice

CHAPTER 90
IOWA CHILD DEATH REVIEW TEAM

90.1(135)                     Purpose

90.2(135)                     Definitions

90.3(135)                     Agency

90.4(135)                     Membership

90.5(135)                     Officers

90.6(135)                     Meetings

90.7(135)                     Expenses of team members

90.8(135)                     Team responsibilities

90.9(135)                     Liaisons

90.10(135)                   Confidentiality and disclosure of information

90.11(135)                   Immunity and liability

CHAPTER 91
IOWA DOMESTIC ABUSE DEATH
REVIEW TEAM

91.1(77GA,ch1221)    Purpose

91.2(77GA,ch1221)    Definitions

91.3(77GA,ch1221)    Agency

91.4(77GA,ch1221)    Membership

91.5(77GA,ch1221)    Officers

91.6(77GA,ch1221)    Meetings

91.7(77GA,ch1221)    Expenses of team members

91.8(77GA,ch1221)    Team responsibilities

91.9(77GA,ch1221)    Liaisons

91.10(77GA,ch1221)  Confidentiality and disclosure of information

91.11(77GA,ch1221)  Immunity and liability

CHAPTER 92
IOWA FATALITY REVIEW COMMITTEE

92.1(135)                     Purpose

92.2(135)                     Definitions

92.3(135)                     Committee

92.4(135)                     Formation of the committee

92.5(135)                     Committee protocol for review

92.6(135)                     Content of report

92.7(135)                     Consultation with county attorney

92.8(135)                     Supplemental report

92.9(135)                     Confidentiality and disclosure of information

92.10(135)                   Immunity and liability

CHAPTER 93
ABUSE EDUCATION REVIEW PANEL

93.1(135)                     Purpose

93.2(135)                     Panel

93.3(135)                     Meetings

93.4(135)                     Duties

93.5(135)                     Standards for approval of curricula

93.6(135)                     Process for application review and approval

93.7(135)                     Process for appeal

CHAPTER 94
CHILD PROTECTION CENTER
GRANT PROGRAM

94.1(135)                     Scope and purpose

94.2(135)                     Definitions

94.3(135)                     Goals

94.4(135)                     Review process

94.5(135)                     Eligibility and criteria

94.6(135)                     Appeals

CHAPTER 95
CERTIFICATE OF BIRTH—
REGISTRATION FEE

95.1(144)                     Birth certificates—when filing fee required

95.2(144)                     Collection

95.3(144)                     Waivers

95.4(144)                     Fee deposit

95.5(144)                     Responsibilities of institutions

95.6                             Reserved

95.7(144)                     County registrars

95.8(144)                     State registrar

95.9(144)                     Retention

95.10(144)                   Forms

CHAPTER 96
VITAL RECORDS

96.1(144)                     Definitions

96.2(144)                     Specification

96.3(144)                     Handling

96.4(144)                     Fees

96.5(144)                     Additional statistical data

96.6(144)                     General public accessibility

96.7(144)                     Direct tangible interest accessibility

96.8(144)                     County custodians’ responsibility for maintenance of confidentiality

CHAPTER 97
Reserved

CHAPTER 98
FORMS UNIFORM

98.1(144)                     Forms property of Iowa
department of public health

98.2(144)                     Preparation of certificates

CHAPTER 99
DELAYED BIRTH, DEATH AND
MARRIAGE REGISTRATION

99.1(144)                     Foundling registration

99.2(144)                     Birth registration—five days to one year

99.3(144)                     Delayed birth registration—after one year

99.4(144)                     Who may file delayed certificate

99.5(144)                     Delayed certificate to be signed

99.6(144)                     Facts to be established for delayed registration of birth

99.7(144)                     Documentary evidence

99.8(144)                     Abstraction and certification by state registrar

99.9(144)                     Documents returned

99.10(144)                   Cancellation after one year

99.11(144)                   Duties of county registrar

99.12(144)                   Delayed registration of death records

99.13(144)                   Delayed registration of marriage records

CHAPTER 100
ESTABLISHMENT OF NEW
CERTIFICATES OF BIRTH

100.1(144)                   Certificates, forms

100.2(144)                   Data required

100.3(144)                   Certificate following adoption

100.4(144)                   Certificate following legitimation

100.5(144)                   Certificate following determination of paternity

100.6(144)                   Minimum information required

100.7(144)                   Original certificate to be sealed

CHAPTER 101
DEATH CERTIFICATION, AUTOPSY
AND DISINTERMENT

101.1(144)                   Report of autopsy findings

101.2(144)                   Attending physician not available

101.3(144)                   Hospital or institution may assist in preparation of certificate

101.4(135)                   Removal of dead body or fetus

101.5(144)                   Burial–transit permit

101.6(135)                   Transportation and disposition of dead body or fetus

101.7(135,144)            Disinterment permits

101.8(144)                   Extension of time

CHAPTER 102
CORRECTION AND AMENDMENT
OF VITAL RECORDS

102.1(144)                   Application to amend records

102.2(144)                   Correction of minor errors within first year

102.3(144)                   Amendments or major corrections

102.4(144)                   Correction of same item more than once

102.5(144)                   Methods of amending certificates

102.6(144)                   Amendment of birth certificate by paternity affidavit

102.7(144)                   Change of given names within first year

102.8(144)                   Addition of given names until seventh birthday

102.9(144)                   Addition of given name after seventh birthday

102.10(144)                 Legal change of name

CHAPTER 103
CONFIDENTIALITY OF RECORDS

103.1(144)                   Disclosure of data

CHAPTER 104
COPIES OF VITAL RECORDS

104.1(144)                   Certified copies and verifications

104.2(144)                   Cancellation of fraudulent records

CHAPTER 105
DECLARATION OF PATERNITY
REGISTRY

105.1(144)                   Definitions

105.2(144)                   Registry established

105.3(144)                   Information to be provided

105.4(144)                   Change of address

105.5(144)                   Fees

105.6(144)                   Access to registry information

105.7(144)                   Revocation

105.8(144)                   Forms

CHAPTER 106
REPORTING OF TERMINATION
OF PREGNANCY

106.1(144)                   Definitions

106.2(144)                   Report of termination of pregnancy

106.3(144)                   Confidentiality of released information

106.4(144)                   Confidentiality of reports submitted

106.5(144)                   Provider codes

106.6(144)                   Unlawful acts—punishment

CHAPTER 107
MUTUAL CONSENT VOLUNTARY ADOPTION REGISTRY

107.1(78GA,HF497)   Definitions

107.2(78GA,HF497)   Eligibility

107.3(78GA,HF497)   Exception

107.4(78GA,HF497)   Application

107.5(78GA,HF497)   Notification

107.6(78GA,HF497)   Withdrawal

107.7(78GA,HF497)   Fees

CHAPTER 108
Reserved

CHAPTER 109
PRESCRIPTION DRUG DONATION REPOSITORY PROGRAM

109.1(135M)               Definitions

109.2(135M)               Purpose

109.3(135M)               Eligibility criteria for program participation by medical facilities and pharmacies

109.4(135M)               Standards and procedures for accepting donated prescription drugs and supplies

109.5(135M)               Standards and procedures for inspecting and storing donated prescription drugs and supplies

109.6(135M)               Standards and procedures for dispensing donated prescription drugs and supplies

109.7(135M)               Eligibility criteria for individuals to receive donated prescription drugs and supplies

109.8(135M)               Forms and record keeping

109.9(135M)               Handling fee

109.10(135M)             List of drugs and supplies program will accept

109.11(135M)             Exemption from disciplinary action, civil liability and criminal prosecution

CHAPTER 110
CENTER FOR RURAL HEALTH
AND PRIMARY CARE

110.1(135)                   Purpose and scope

110.2(135)                   Definitions

110.3(135)                   Responsibilities of the center

110.4(135)                   Advisory committee to the center for rural health and primary care

110.5(135)                   Organization

110.6(135)                   Meetings

110.7 to 110.10           Reserved

PRIMECARRE COMMUNITY GRANT PROGRAM

110.11(135)                 Purpose

110.12 to 110.15         Reserved

PRIMECARRE PRIMARY CARE PROVIDER
COMMUNITY SCHOLARSHIP PROGRAM

110.16(135)                 Purpose

110.17 to 110.20         Reserved

PRIMECARRE PRIMARY CARE PROVIDER
LOAN REPAYMENT PROGRAM

110.21(135)                 Purpose

CHAPTER 111
Reserved

CHAPTER 112
BIOLOGICAL AGENT RISK ASSESSMENT

112.1(135)                   Purpose

112.2(135)                   Definitions

112.3(135)                   Biosecurity council established

112.4(135)                   Biological agent risk assessment

112.5(135)                   Requests for biological agent information

112.6(135)                   Exceptions

CHAPTER 113
PUBLIC HEALTH RESPONSE TEAMS

113.1(135)                   Definitions

113.2(135)                   Purpose

113.3(135)                   Sponsor agency

113.4(135)                   Public health response team members

113.5(135)                   Disaster medical assistance team

113.6(135)                   Environmental health response team

113.7(135)                   Legal and other protections

113.8(135)                   Reporting requirements and duties

CHAPTERS 114 to 120
Reserved

CHAPTER 121
STANDARD FOR IMPACT RESISTANCE AND METHOD OF TESTING

121.1(135)                   Standard for impact–resistant lenses

121.2(135)                   Method of testing lenses

CHAPTERS 122 and 123
Reserved

CHAPTER 124
INTERAGENCY COORDINATING COUNCIL FOR THE STATE MEDICAL EXAMINER

124.1(691)                   Purpose

124.2(691)                   Membership

124.3(691)                   Meetings

124.4(691)                   Duties

124.5(691)                   Minutes

CHAPTER 125
ADVISORY COUNCIL FOR THE STATE MEDICAL EXAMINER

125.1(691)                   Purpose

125.2(691)                   Membership

125.3(691)                   Meetings

125.4(691)                   Duties

125.5(691)                   Minutes

CHAPTER 126
STATE MEDICAL EXAMINER

126.1(144,331,691)     Definitions

126.2                           Reserved

126.3(691)                   Fees for autopsies and related services and reimbursement for related expenses

126.4(691)                   Fees for tissue recovery

CHAPTER 127
COUNTY MEDICAL EXAMINERS

127.1(144,331,691)     Definitions

127.2(331,691)            Duties of medical examiners—jurisdiction over deaths which affect the public interest

127.3(331,691)            Autopsies

127.4(331,691)            Fees

127.5(144,331,691)     Death certificates—deaths affecting the public interest

127.6(331,691)            Cremation

127.7(331,691)            County medical examiner investigators

127.8(331,691)            Deputy county medical examiners

127.9(331,691)            Failure to comply with rules

127.10(331,691,22)     Confidentiality

127.11(331,691,670)   Indemnification

CHAPTER 128
DOGS FOR SCIENTIFIC RESEARCH

128.1(145B)                Application

128.2(145B)                Investigation and authorization of applicant

128.3(145B)                Expiration of authorization

128.4(145B)                Minimum requirements for animal care

128.5(145B)                Investigation of noncompliance

CHAPTER 129
Reserved

CHAPTER 130
EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL

130.1(147A)                Definitions

130.2(147A)                Purpose

130.3(147A)                Appointment

130.4(147A)                Absences

130.5(147A)                Officers

130.6(147A)                Meetings

130.7(147A)                Subcommittees

130.8(147A)                Expenses of advisory council members

130.9(147A)                Gender balance

CHAPTER 131
EMERGENCY MEDICAL SERVICES PROVIDER EDUCATION/
TRAINING/CERTIFICATION

131.1(147A)                Definitions

131.2(147A)                Emergency medical care providers—requirements for enrollment in training programs

131.3(147A)                Emergency medical care providers—EMS provider authority

131.4(147A)                Emergency medical care providers—certification, renewal standards, procedures, continuing education, and fees

131.5(147A)                Training programs—standards, application, inspection and approval

131.6(147A)                Continuing education providers—approval, record keeping and inspection

131.7(147A)                Complaints and investigations— denial, citation and warning, probation, suspension, or revocation of emergency medical care personnel certificates or renewal

131.8(147A)                Complaints and investigations— denial, citation and warning, probation, suspension, or revocation of training program or continuing education provider approval or renewal

131.9(147A)                Reinstatement of certification

131.10(147A)              Certification denial

131.11(147A)              Emergency adjudicative proceedings

131.12(147A)              Complaints, investigations and appeals

CHAPTER 132
EMERGENCY MEDICAL SERVICES—
SERVICE PROGRAM AUTHORIZATION

132.1(147A)                Definitions

132.2(147A)                Authority of emergency medical care provider

132.3 to 132.6             Reserved

132.7(147A)                Service program—
authorization and renewal procedures, inspections and transfer or assignment of certificates of authorization

132.8(147A)                Service program levels of care and staffing standards

132.9(147A)                Service program—off–line medical direction

132.10(147A)              Complaints and investigations—
denial, citation and warning, probation, suspension or revocation of service program authorization or renewal

132.11 to 132.13         Reserved

132.14(147A)              Temporary variances

132.15(147A)              Transport options for fully authorized paramedic service programs

CHAPTER 133
WHITE FLASHING LIGHT AUTHORIZATION

133.1(321)                   Definitions

133.2(321)                   Purpose

133.3(321)                   Application

133.4(321)                   Approval, denial, probation, suspension and revocation of authorization

133.5(321)                   Appeal of denial, probation, or revocation of authorization

CHAPTER 134
TRAUMA CARE FACILITY CATEGORIZATION AND VERIFICATION

134.1(147A)                Definitions

134.2(147A)                Trauma care facility categorization and verification

134.3(147A)                Complaints and investigations and appeals—denial, citation and warning, probation, suspension, and revocation of verification as a trauma care facility

CHAPTER 135
TRAUMA TRIAGE AND TRANSFER PROTOCOLS

135.1(147A)                Definitions

135.2(147A)                Trauma triage and transfer protocols

135.3(147A)                Offenses and penalties

CHAPTER 136
TRAUMA REGISTRY

136.1(147A)                Definitions

136.2(147A)                Trauma registry

136.3(147A)                Offenses and penalties

CHAPTER 137
TRAUMA EDUCATION AND TRAINING

137.1(147A)                Definitions

137.2(147A)                Initial trauma education for Iowa’s trauma system

137.3(147A)                Continuing trauma education for Iowa’s trauma system

137.4(147A)                Offenses and penalties

CHAPTER 138
TRAUMA SYSTEM EVALUATION QUALITY IMPROVEMENT COMMITTEE

138.1(147A)                Definitions

138.2(147A)                System evaluation quality improvement committee (SEQIC)

CHAPTER 139
IOWA LAW ENFORCEMENT
EMERGENCY CARE PROVIDER

139.1(147A)                Definitions

139.2(147A)                Authority of Iowa law enforcement emergency care provider

139.3(147A)                Iowa law enforcement emergency care providers—requirements for enrollment in training programs

139.4(147A)                Iowa law enforcement emergency care providers—certification, renewal standards and procedures, and fees

139.5(147A)                Iowa law enforcement training programs

139.6(147A)                Law enforcement AED service program authorization

CHAPTER 140
EMERGENCY MEDICAL SERVICES SYSTEM DEVELOPMENT GRANTS FUND

140.1(135)                   Definitions

140.2(135)                   Purpose

140.3(135)                   County EMS associations

140.4(135)                   County EMS system development grants

CHAPTER 141
LOVE OUR KIDS GRANT

141.1(321)                   Definitions

141.2(321)                   Purpose

141.3(321)                   Funding limitations

141.4(321)                   Use of funds

141.5(321)                   Application process

141.6(321)                   Application denial or partial
denial—appeal

CHAPTER 142
OUT–OF–HOSPITAL DO–NOT–RESUSCITATE ORDERS

142.1(144A)                Definitions

142.2(144A)                Purpose

142.3(144A,147A)      Responsibilities of the department

142.4(144A,147A)      EMS providers

142.5(144A)                Guidelines for non–EMS health care providers, patients, and organizations

142.6(144A)                Revocation of the out–of–hospital do–not–resuscitate order

142.7(144A)                Personal wishes of family members or other individuals who are not authorized to act on the patient’s behalf

142.8(144A)                Transfer of patients

142.9(144A)                Application to existing orders

CHAPTER 143
AUTOMATED EXTERNAL DEFIBRILLATOR GRANT PROGRAM

143.1(135)                   Purpose

143.2(135)                   Definitions

143.3(135)                   Application process

143.4(135)                   Early defibrillation program

143.5(135)                   Review process

143.6(135)                   Appeals

CHAPTERS 144 to 149
Reserved

CHAPTER 150
IOWA REGIONALIZED SYSTEM OF PERINATAL HEALTH CARE

150.1(135,77GA,ch1221)

                                    Purpose and scope

150.2(135,77GA,ch1221)

                                    Definitions

150.3(135,77GA,ch1221)

                                    Perinatal guidelines advisory committee

150.4(135,77GA,ch1221)

                                    Categorization and selection of level of care designation

150.5(135,77GA,ch1221)

                                    Recommendation by the statewide perinatal care program

150.6(135,77GA,ch1221)

                                    Level I hospitals

150.7(135,77GA,ch1221)

                                    Level II hospitals

150.8(135,77GA,ch1221)

                                    Level II regional centers

150.9(135,77GA,ch1221)      

                                    Level II regional neonatology centers

150.10(135,77GA,ch1221)

                                    Level III centers

150.11(135,77GA,ch1221)

                                    Grant or denial of certificate of verification; and offenses and penalties

150.12(135,77GA,ch1221)

                                    Prohibited acts

150.13(135,77GA,ch1221)

                                    Construction of rules

CHAPTER 151
TOBACCO USE PREVENTION
AND CONTROL COMMUNITY PARTNERSHIP INITIATIVE

151.1(142A)                Scope

151.2(142A)                Community partnership areas

151.3(142A)                Community partnerships

151.4(142A)                Application requirements for community partnerships

151.5(142A)                Performance indicators

151.6(142A)                Application deadline

151.7(142A)                Distribution of funding

151.8(142A)                Gifts

CHAPTER 152
TOBACCO USE PREVENTION AND CONTROL FUNDING PROCESS

152.1(78GA,HF2565) Scope and purpose

152.2(78GA,HF2565) Funding

152.3(78GA,HF2565) Appeals

CHAPTERS 153 and 154
Reserved

CHAPTER 155
LICENSURE STANDARDS FOR SUBSTANCE ABUSE TREATMENT PROGRAMS

155.1(125)                   Definitions

155.2(125)                   Licensing

155.3(125)                   Type of licenses

155.4(125)                   Nonassignability

155.5(125)                   Application procedures

155.6(125)                   Application review

155.7(125)                   Inspection of licensees

155.8(125)                   Licenses—renewal

155.9(125)                   Corrective action plan

155.10(125)                 Grounds for denial of initial license

155.11(125)                 Suspension, revocation, or refusal to renew a license

155.12(125)                 Contested case hearing

155.13(125)                 Rehearing application

155.14(125)                 Judicial review

155.15(125)                 Reissuance or reinstatement

155.16(125)                 Complaints and investigations

155.17                         Reserved

155.18(125)                 Deemed status

155.19(125)                 Funding

155.20(125)                 Inspection

155.21(125)                 General standards for all substance abuse treatment programs

155.22(125)                 Inpatient, residential, and halfway house safety

155.23(125)                 Specific standards for inpatient, residential, and halfway house service

155.24(125)                 Specific standards for inpatient, residential, and halfway house substance abuse service admitting juveniles

155.25(125)                 Specific standards for assessment and evaluation programs

155.26 to 155.34         Reserved

155.35(125)                 Specific standards for opioid treatment programs

CHAPTER 156
LICENSURE STANDARDS FOR SUBSTANCE ABUSE TREATMENT PROGRAMS IN CORRECTIONAL FACILITIES

156.1(125)                   Definitions

156.2(125)                   Inspection

156.3(125)                   General standards for all correctional substance abuse treatment programs

CHAPTER 157
STANDARDS FOR SUBSTANCE ABUSE TREATMENT AND ASSESSMENT PROGRAMS AND THE OPERATING A MOTOR VEHICLE WHILE INTOXICATED (OWI) LAW

157.1(125)                   Definitions

157.2(125)                   Screening, evaluation, treatment, and drinking drivers course

157.3(125)                   Screening, evaluation, treatment, and drinking drivers course completion

157.4(125)                   Cost of evaluation and treatment

157.5(125)                   Timeliness

157.6(125)                   Confidentiality

157.7(125)                   Records

157.8(125)                   Reciprocity

CHAPTER 158
REGIONS FOR SUBSTANCE ABUSE PREVENTION AND TREATMENT

158.1(125)                   Service areas established

158.2(125)                   Request for a change in service areas

158.3(125)                   Application

158.4(125)                   Notification of affected parties

158.5(125)                   Public hearing

158.6(125)                   Proposed decision

158.7(125)                   Change during term of contract

158.8(125)                   State board of health review

158.9(125)                   State board of health decision

CHAPTERS 159 to 161
Reserved

CHAPTER 162
LICENSURE STANDARDS FOR PROBLEM GAMBLING TREATMENT PROGRAMS

162.1(135)                   Definitions

162.2(135)                   Licensure

162.3(135)                   Type of licenses

162.4(135)                   Nonassignability

162.5(135)                   Application procedures

162.6(135)                   Application review

162.7(135)                   Inspection of licensees

162.8(135)                   Licensure renewal

162.9(135)                   Corrective action plans

162.10(135)                 On–site inspection for initial licensure

162.11(135)                 Denial, suspension, revocation, or refusal to renew a license

162.12(135)                 Contested case hearings

162.13(135)                 Rehearing application

162.14(135)                 Judicial review

162.15(135)                 Reissuance or reinstatement

162.16(135)                 Complaints and investigations

162.17(135)                 Funding

162.18(135)                 Inspection

162.19(135)                 Exemptions to rule 641—162.20(135)

162.20(135)                 General standards for all problem gambling treatment programs

CHAPTERS 163 to 169
Reserved

CHAPTER 170
DESCRIPTION OF ORGANIZATION

170.1(17A)                  Definitions

170.2(17A)                  State board of health

170.3(17A)                  Director of public health

170.4(17A,135)           Administrative divisions of the department

170.5(17A)                  Central office

170.6(17A)                  Business hours

170.7(17A)                  Submission of materials

170.8(17A)                  Request for information

CHAPTER 171
PETITIONS FOR RULE MAKING

171.1(17A)                  Petition for rule making

171.2(17A)                  Briefs

171.3(17A)                  Inquiries

171.4(17A)                  Department consideration

CHAPTER 172
DECLARATORY ORDERS

172.1(17A)                  Petition for declaratory order

172.2(17A)                  Notice of petition

172.3(17A)                  Intervention

172.4(17A)                  Briefs

172.5(17A)                  Inquiries

172.6(17A)                  Service and filing of petitions and other papers

172.7(17A)                  Consideration

172.8(17A)                  Action on petition

172.9(17A)                  Refusal to issue order

172.10(17A)                Contents of declaratory order—effective date

172.11(17A)                Copies of orders

172.12(17A)                Effect of a declaratory order

CHAPTER 173
CONTESTED CASES

173.1(17A)                  Scope and applicability

173.2(17A)                  Definitions

173.3(17A)                  Time requirements

173.4(17A)                  Requests for contested case proceeding

173.5(17A)                  Notice of hearing

173.6(17A)                  Presiding officer

173.7(17A)                  Waiver of procedures

173.8(17A)                  Telephone proceedings

173.9(17A)                  Disqualification

173.10(17A)                Consolidation—severance

173.11(17A)                Pleadings

173.12(17A)                Service and filing of pleadings and other papers

173.13(17A)                Discovery

173.14(17A,135)         Subpoenas

173.15(17A)                Motions

173.16(17A)                Prehearing conference

173.17(17A)                Continuances

173.18(17A)                Withdrawals

173.19(17A)                Intervention

173.20(17A)                Hearing procedures

173.21(17A)                Evidence

173.22(17A)                Default

173.23(17A)                Ex parte communication

173.24(17A)                Recording costs

173.25(17A)                Interlocutory appeals

173.26(17A)                Final decision

173.27(17A)                Appeals and review

173.28(17A)                Applications for rehearing

173.29(17A)                Stays of department actions

173.30(17A)                No factual dispute contested cases

173.31(17A)                Emergency adjudicative proceedings

CHAPTER 174
AGENCY PROCEDURE FOR
RULE MAKING

(Uniform Rules)

174.3(17A)                  Public rule–making docket

174.4(17A)                  Notice of proposed rule making

174.5(17A)                  Public participation

174.6(17A)                  Regulatory flexibility analysis

174.11(17A)                Concise statement of reasons

174.13(17A)                Agency rule–making record

CHAPTER 175
FAIR INFORMATION PRACTICES AND PUBLIC RECORDS

(175.1 to 175.8 Uniform Rules)

175.1(17A,22)             Definitions

175.3(17A,22)             Requests for access to records

175.6(17A,22)             Procedure by which additions, dissents, or objections may be entered into certain records

175.7(17A,22)             Consent to disclosure by the subject of a confidential record

175.8(17A,22)             Notice to suppliers of information

175.9(17A,22)             Disclosures without the consent of the subject

175.10(17A,22)           Routine use

175.11(17A,22)           Consensual disclosure of confidential records

175.12(17A,22)           Release to subject

175.13(17A,22)           Availability of records

175.14(17A,22)           Personally identifiable information

175.15(17A,22)           Other groups of records

175.16(17A,22)           Data processing systems

175.17(17A,22)           Applicability

CHAPTER 176
CRITERIA FOR AWARDS OR GRANTS

176.1(135,17A)           Purpose

176.2(135,17A)           Definitions

176.3(135,17A)           Exceptions

176.4(135,17A)           Requirements

176.5(135,17A)           Review process (competitive applications only)

176.6                           Reserved

176.7(135,17A)           Public notice of available funds

176.8(135,17A)           Appeals

CHAPTER 177
HEALTH DATA

177.1(76GA,ch1212)  Purpose

177.2(76GA,ch1212)  Definitions

177.3(76GA,ch1212)  Description of data to be submitted

177.4(76GA,ch1212)  Department studies

177.5(76GA,ch1212)  Fees

177.6(76GA,ch1212)  Patient confidentiality

177.7(76GA,ch1212)  Department contracting

177.8(76GA,ch1212)  Address and specification for data submissions

CHAPTER 178
VARIANCES AND WAIVERS OF PUBLIC HEALTH ADMINISTRATIVE RULES

178.1(17A,135)           Waivers

178.2(17A,135)           Sample petition for waiver

CHAPTERS 179 to 190
Reserved

CHAPTER 191
ADVISORY BODIES OF
THE DEPARTMENT

191.1(135)                   Definitions

191.2(135)                   Purpose

191.3(135)                   Appointment

191.4(135)                   Officers

191.5(135)                   Meetings

191.6(135)                   Subcommittees

191.7(135)                   Expenses of advisory body members

191.8(135)                   Gender balance

CHAPTER 192
CHILD SUPPORT NONCOMPLIANCE

192.1(252J)                 Issuance or renewal of a licensedenial

192.2(252J)                 Suspension or revocation of a license

192.3(17A,22,252J)    Sharing of information

CHAPTER 193
IMPAIRED PRACTITIONER
REVIEW COMMITTEE

193.1(272C)                Impaired practitioner review committee

CHAPTER 194
Reserved

CHAPTER 195
STUDENT LOAN DEFAULT/NONCOMPLIANCE WITH AGREEMENT FOR PAYMENT OF OBLIGATION

195.1(261)                   General definitions

195.2(261)                   Issuance or renewal of a license—denial

195.3(261)                   Suspension or revocation of a license

195.4(17A,22,261)      Sharing of information

CHAPTERS 196 to 200
Reserved

CHAPTER 201
ORGANIZED DELIVERY SYSTEMS

LICENSURE AND REGULATION

201.1(135,75GA,ch158)         Purpose and scope

201.2(135,75GA,ch 158)        Definitions

201.3(135,75GA,ch158)         Application

201.4(135,75GA,ch158)         Governing body

201.5(135,75GA,ch158)         Service area/
geographic access

201.6(135,75GA,ch158,78GA,ch41)

                                    Provider network and contracts; treatment and services

201.7(135,75GA,ch158)         Complaints

201.8(135,75GA,ch158)         Accountability

201.9(135,75GA,ch158)         Reporting

201.10(135,75GA,ch158)       Evaluation

201.11(135,75GA,ch158)       Annual report

201.12(135,75GA,ch158)       Finance and
solvency

201.13(135,75GA,ch158)       Investment

201.14(135,75GA,ch158)       Rating practices

201.15(135,75GA,ch158)       Name

201.16(135,75GA,ch158)       Change in organizational documents or control

201.17(135,75GA,ch158)       Appeal

201.18(135,78GA,ch41)         External review

201.19                         Reserved

ANTITRUST

201.20(135,75GA,ch158)       Purpose

201.21(135,75GA,ch158)       Definitions

201.22(135,75GA,ch158)       Scope

201.23(135,75GA,ch158)       Application

201.24(135,75GA,ch158)       Notice and comment

201.25(135,75GA,ch158)       Procedure for review of applications

201.26(135,75GA,ch158)       Criteria for decision

201.27(135,75GA,ch158)       Decision

201.28(135,75GA,ch158)       Appeal

201.29(135,75GA,ch158)       Supervision after approval

201.30(135,75GA,ch158)       Revocation

CHAPTER 202
CERTIFICATE OF NEED PROGRAM

202.1(135)                   Definitions

202.2(135)                   Letter of intent

202.3(135)                   Preliminary review

202.4(135)                   Submission of application

202.5(135)                   Organizational procedures

202.6(135)                   Public hearing on application

202.7(135)                   Summary review

202.8(135)                   Extension of review time

202.9(135)                   Rehearing of certificate of need decision

202.10(135)                 Status reports to affected persons

202.11(135)                 Finality

202.12(135)                 Project progress reports

202.13(135)                 Request for extension of certificate

202.14(135)                 Application changes after approval

202.15(135)                 Sanctions

CHAPTER 203
STANDARDS FOR CERTIFICATE OF
NEED REVIEW

203.1(135)                   Acute care bed need

203.2(135)                   Cardiac catheterization and
cardiovascular surgery
standards

203.3(135)                   Radiation therapy or
radiotherapy standards

203.4(135)                   Computerized tomography
standards

203.5(135)                   Long–term care

203.6(135)                   Bed need formula for mentally retarded

203.7(135)                   End–stage renal disease standards

203.8(135)                   Financial and economic
feasibility

203.9(135)                   Obstetrical services and neonatal intensive care unit standards

203.10(135)                 Designated pediatric units
standards

203.11(135)                 Designated inpatient substance abuse treatment unit standards

203.12(135)                 Magnetic resonance imaging
services standards

203.13(135)                 Positron emission tomography services standards

CHAPTER 204
UNIFORM REPORTING REQUIREMENTS

204.1(135)                   Reporting requirements

204.2(135)                   Initial reporting period

chapter 1
NOTIFICATION AND SURVEILLANCE OF REPORTABLE COMMUNICABLE
AND INFECTIOUS DISEASES, POISONINGS AND CONDITIONS

[Prior to 7/29/87, Health Department[470]]

641—1.1(139A)  Definitions.  For the purpose of these rules, the following definitions shall apply:

“Acute hearing loss and tinnitus” means any sudden deafness, hearing loss, or tinnitus due to exposure to noise in the work setting.  (International Classification of Diseases, Tenth Edition, (ICD–10) codes H83.3, H90.2, H90.3, H91.2, H93.1, and H93.2)

“Acute or chronic respiratory conditions due to fumes, vapors or dusts” means acute chemical bronchitis, any acute, subacute, or chronic respiratory condition due to inhalation of a chemical fume or vapor, or pneumoconioses not specifically listed elsewhere in these rules.  (ICD–10 codes J63.0–J64, J66, and J68.0–J68.9)  “Acute or chronic respiratory conditions due to fumes, vapors or dusts” excludes those respiratory conditions related to tobacco smoke exposure.

“Agriculturally related injury” means any injury to a farmer, farm worker, farm family member, or other individual which occurred on a farm, or in the course of handling, producing, processing, transporting or warehousing farm commodities.

“Area quarantine” means prohibiting ingress and egress to and from a building or buildings, structure or structures, or other definable physical location, or portion thereof, to prevent or contain the spread of a suspected or confirmed quarantinable disease or to prevent or contain exposure to a suspected or known chemical, biological, radioactive, or other hazardous or toxic agent.

“Carpal tunnel or related neuropathy” means carpal tunnel syndrome, other lesions of the median nerve, ulnar nerve or radial nerve, causalgia or other related neuropathy of the upper limb.  (ICD–10 codes G56.0–G56.9)

“Clinical laboratory” means any laboratory performing analyses on specimens taken from the body of a person in order to assess that person’s health status.

“Communicable disease” means any disease spread from person to person or animal to person.

“Contagious or infectious disease” means any contagious or infectious disease which is transmitted by a bloodborne route or by skin–to–skin contact.

“Health care facility” means a health care facility as defined in Iowa Code section 135C.1, an ambulatory surgical center, or a clinic.

“Health care provider” means a person licensed to practice medicine and surgery, osteopathic medicine and surgery, osteopathy, chiropractic, podiatry, nursing, dentistry, optometry, or licensed as a physician assistant, dental hygienist, or acupuncturist.

“Investigation” means an inquiry conducted to determine the specific source, mode of transmission, and cause of a disease or suspected disease occurrence and to determine the specific incidence, prevalence, and extent of the disease in the affected population.  “Investigation” may also include the application of scientific methods and analysis to institute appropriate control measures.

“Isolation” means the separation of persons or animals presumably or actually infected with a communicable disease, or that are disease carriers, for the usual period of communicability of that disease.  Isolation shall be in such places, marked by placards if necessary, and under such conditions to prevent the direct or indirect conveyance of the infectious agent or contagion to susceptible individuals.

“Local board of health” means a county, city, or district board of health.

“Occupationally related asthma, bronchitis or respiratory hypersensitivity reaction” means any extrinsic asthma or acute chemical pneumonitis due to exposure to toxic agents in the workplace.  (ICD–10 codes J67.0–J67.9)

“Poison control or poison information center” means any organization or program which has as one of its primary objectives the provision of toxicologic and pharmacologic information and referral services to the public and to health care providers (other than pharmacists) in response to inquiries about actual or potential poisonings.

“Public health disaster” means an incident as defined in Iowa Code Supplement section 135.140.

“Quarantinable disease” means any communicable disease which presents a risk of serious harm to public health and which may require isolation or quarantine to prevent its spread.  “Quarantinable disease” includes but is not limited to cholera; diphtheria; infectious tuberculosis; plague; smallpox; yellow fever; viral hemorrhagic fevers, including Lassa, Marburg, Ebola, Crimean–Congo, South American, and others not yet isolated or named; and severe acute respiratory syndrome (SARS).

“Quarantine” means the limitation of freedom of movement of persons or animals that have been exposed to a communicable disease, within specified limits marked by placards, for a period of time equal to the longest usual incubation period of the disease.  The limitation of movement shall be in such manner as to prevent the spread of a communicable disease.

“Raynaud’s phenomenon” means ischemia of fingers, toes, ears or nose including “vibration white finger” caused by exposure to heat, cold, vibration or other physical agents in the work setting.  (ICD–10 code I73.0)

“Reportable cancers” means those cancers included in the National Cancer Institute’s Surveillance, Epidemiology and End Results (SEER) Program.

“Severe skin disorder” means those dermatoses, burns, and other severe skin disorders which result in death or which require hospitalization or other multiple courses of medical therapy.

“Sexually transmitted disease or infection” means a disease or infection that is primarily transmitted through sexual practices.

“Suspected” or “suspected case” means an individual that presents with clinical signs or symptoms indicative of a reportable or quarantinable disease.

“Toxic agent” means any noxious substance in solid, liquid or gaseous form capable of producing illness in humans including, but not limited to, pesticides, heavy metals, organic and inorganic dusts and organic solvents.  Airborne toxic agents may be in the form of dusts, fumes, vapors, mists, gases or smoke.

“Toxic hepatitis” means any acute or subacute necrosis of the liver or other unspecified chemical hepatitis caused by exposure to nonmedicinal toxic agents other than ethyl alcohol including, but not limited to, carbon tetrachloride, chloroform, tetrachloroethane, trichloroethylene, phosphorus, TNT, chloronapthalenes, methylenedianilines, ethylene dibromide, and organic solvents.  (ICD–10 codes K71.0–K71.9)

641—1.2(139A)  Authority.  The director of public health is the principal officer of the state to administer disease reporting and control procedures.  The State Health Registry of Iowa, administered by the Department of Epidemiology of the College of Public Health at the University of Iowa, is a public health authority for purposes of collecting cancer data in accordance with this chapter.

641—1.3(139A)  Reportable diseases.  Reportable diseases are those diseases or conditions listed in subrules 1.3(1) and 1.3(2).  The director of public health may also designate any disease, condition or syndrome temporarily reportable for the purpose of a special investigation.  Each case of a reportable disease is required to be reported to the Iowa Department of Public Health, Lucas State Office Building, 321 E. 12th Street, Des Moines, Iowa 50319–0075, by the physician or other health practitioner attending any person having a reportable disease and by laboratories performing tests identifying reportable diseases.

1.3(1)List of reportable diseases or conditions.

a.   Specific communicable diseases.

(1)  Common diseases:

Acquired immune deficiency syndrome (AIDS) and AIDS–defining conditions

#Aeromonas

Campylobacteriosis

Chlamydia

Sexually transmitted disease.

#Diseases that should be reported by the University of Iowa Hygienic Laboratory through the end of calendar year 2002 for purposes of special study.

Cryptosporidiosis

Encephalitis, arboviral

~Enterococcus invasive disease

#Enterohemorrhagic Escherichia coli (non–O157:H7)

~Escherichia coli O157:H7 related diseases (includes HUS)

Giardiasis

Gonorrhea

~Group A Streptococcus invasive disease

~*Haemophilus influenza type B invasive disease

Hepatitis, types A, B, C, D, and E

Human immunodeficiency virus (HIV) infection, including HIV–exposed newborn infant (i.e.,

newborn infant whose mother is infected with HIV)

Legionellosis

Lyme disease

*Measles (rubeola)

~*Meningococcal invasive disease

~Methicillin–resistant Staphylococcus aureus invasive disease

#Norwalk–like virus

Pertussis

Rabies (animal and *human)

~Salmonellosis (including Typhoid fever)

~Shigellosis

**Staphylococcus aureus invasive disease

~Streptococcus pneumoniae invasive disease

Syphilis

Tuberculosis

#Yersinia

(2)  Rare diseases:

Anthrax

*Botulism

Brucellosis

*Cholera

Cyclospora

*Diphtheria

Hansen’s disease (Leprosy)

Hantavirus syndromes

~Listeria monocytogenes invasive disease

Malaria

Mumps

*Plague

*Poliomyelitis

Psittacosis

Rocky Mountain spotted fever

Rubella (including congenital)

Tetanus

Toxic shock syndrome

*Diseases which are noted with an asterisk should be reported IMMEDIATELY by telephone 1–800–362–2736.

**Numbers of staphylococcal isolates should be reported to the Department of Public Health on a quarterly basis.

~Isolates of organisms from diseases so noted should be sent to the University of Iowa Hygienic Laboratory.

Sexually transmitted disease.

#Diseases that should be reported by the University of Iowa Hygienic Laboratory through the end of calendar year 2002 for purposes of special study.

Trichinosis

*Yellow fever

~*Vancomycin–resistant Staphylococcus aureus

*Outbreaks of any kind, unusual syndromes, or uncommon diseases

*Diseases or syndromes of any kind caused by a biological agent or toxin when the provider reasonably believes or suspects that the agent or toxin may be a result of a deliberate act such as terrorism.  Examples of these agents include *ricin, *tularemia and *smallpox.

b.   Specific noncommunicable diseases.

Acute or chronic respiratory conditions due to fumes or vapors or dusts

Asbestosis

Birth defect or genetic disease***

Cancer***

Carbon monoxide poisoning

Coal workers pneumoconiosis

Heavy metal poisoning

Hepatitis, toxic

Hypersensitivity pneumonitis (including farmers lung and toxic organic dust syndrome)

Methemoglobinemia

Pesticide poisoning (including pesticide–related contact dermatitis)

Silicosis

Silo fillers disease

*Diseases or syndromes of any kind caused by a chemical or radiological agent when the provider reasonably believes or suspects that the agent or toxin may be a result of a deliberate act such as terrorism.  Examples of these agents include *mustard gas and *sarin gas.

c.   Specific occupationally related conditions.

Acute hearing loss and tinnitus

Carpal tunnel and related neuropathyà

Asthma, bronchitis or respiratory hypersensitivity reactions

Raynaud’s phenomenonà

Severe skin disorder

d.   Agriculturally related injuries (work– or non–work–related).

e.   Heavy metal poisonings.

(1)  Lead poisoning.  All analytical values for blood lead analysis shall be reported to the department.  Analytical values less than 10 micrograms per deciliter (mg/dL) may be reported as less than 10 micrograms per deciliter (mg/dL) rather than as the actual value.  In addition to the analytical value, the following information shall be reported to the department:  the date of sample collection, whether the sample is a capillary or venous blood sample, the date of birth and the address of the patient, the name and address of the patient’s physician, analytical method used for the analysis, lower quantitation limit of the analytical method, and the quality assurance/quality control values associated with the analysis.

(2)  Mercury poisonings.

1.   Blood mercury values equal to or greater than 2.8 mcg/dL.

2.   Urine mercury values equal to or greater than 20 mcg/L.

*Diseases which are noted with an asterisk should be reported IMMEDIATELY by telephone 1–800–362–2736.

~Isolates of organisms from diseases so noted should be sent to the University of Iowa Hygienic Laboratory.

***Note:  For these particular diseases, physicians and other health practitioners should not send a report to the department.  The department has delegated to the State Health Registry of Iowa the responsibility for collecting these data through review of records from hospitals, radiation treatment centers, outpatient surgical facilities, oncology clinics, pathology laboratories, and physician offices.  Prior to collecting the data from an office or facility, the State Health Registry of Iowa shall work with the office or facility to develop a process for abstracting records which is agreeable to the office or facility.

àNote: In the case of employers with more than 200 employees, cases of carpal tunnel syndrome and related neuropathy and Raynaud’s phenomenon may be reported semiannually to the department in summary form.  Separate semiannual summary reports shall be provided for each physical location where operations are conducted.  Such summary reports shall include a separate count of cases of carpal tunnel syndrome and related neuropathy, and Raynaud’s phenomenon, by sex and job category.

(3)  Arsenic poisonings.

1.   Blood arsenic values equal to or greater than .07 mcg/mL.

2.   Urine arsenic values equal to or greater than 100 mcg/L.

3.   Twenty–four hour urinary arsenic excretion values equal to or greater than .02 mg/day.

(4)  Cadmium poisonings.

1.   Blood cadmium values equal to or greater than 5 mcg/L.

2.   Urine cadmium values equal to or greater than 10 mcg/L.

(5)  Physicians and other health care practitioners are exempted from the requirements of 1.3(1)“e” if the laboratory performing the analysis provides the report containing the required information to the department.

f.    Pesticide poisonings.

(1)  Organophosphate and carbamate cholinesterase inhibiting pesticides.  In using a given analytic method to measure cholinesterase inhibition, measurement techniques often vary among laboratories.  For this reason, when a depressed cholinesterase value is found, in addition to reporting the items specified in rule 641—1.3(139A), each laboratory shall provide to the Iowa department of public health evidence of the rational bases upon which the laboratory identified the reported value as depressed.  For example, for nonautomated analytic methods, a laboratory may judge that a cholinesterase value is depressed on the basis of the value falling below two standard deviations from the mean value for tests completed by that laboratory on the general unexposed population.  For automated methods, such as automated spectrophotometry, for which there are built–in quality control procedures and appropriate literature for determining normality, the laboratory should judge a value as depressed on the basis of such appropriate literature.  In all instances, clinical laboratories shall report any test finding which shows a 25 percent depression in red blood cell, plasma or whole blood cholinesterase from preexposure levels.

(2)  Other pesticide poisonings.  Any herbicide, organochlorine insecticide or metabolite thereof in a clinical specimen taken from a person with a history of overexposure to such pesticides within the 48 hours previous to collection of the specimen.  If a laboratory has no information regarding the exposure history of a person, a report of a positive test finding for a herbicide, organochlorine insecticide or metabolite thereof is not required, but is encouraged to be reported if the levels found are consistent with overexposure.

g.   Nitrate poisonings.  Blood analyses showing greater than 5 percent of total hemoglobin present as methemoglobin.

h.   Toxic hepatitis.  In cases where a laboratory has been made aware of a prolonged or possible overexposure to carbon tetrachloride, tetrachloroethane, trichloroethylene, phosphorus, TNT, chloronapthalenes, methylenedianilines, cresol or ethylene dibromide and any abnormal liver tissue biopsy findings which would be attributable to such exposure.  If a laboratory has no information on the exposure history of a person, but that person’s liver biopsy findings are consistent with exposure to these chemicals, then a laboratory is encouraged, but not required, to report such findings.

i.    Noncommunicable respiratory illnesses.  Any biopsy of lung tissue indicating prolonged exposure or overexposure to asbestos, silica, silicates, aluminum, graphite, bauxite, beryllium, cotton dust or other textile material, or coal dust.

j.    Carbon monoxide (CO) poisoning.

(1)  Blood carbon monoxide level equal to or greater than 10 percent carboxyhemoglobin or its equivalent with a breath analyzer test, or

(2)  A clinical diagnosis of CO poisoning regardless of any test results.

1.3(2)Other reportable diseases.  Physicians are required to report any other disease or condition which is unusual in incidence, occurs in unusual numbers or circumstances, or appears to be of public health concern (such as epidemic diarrhea of the newborn in nurseries or a food poisoning episode) including outbreaks of suspected environmental or occupational illness.

641—1.4(135,139A)  Reporting and investigation.

1.4(1)Reporting by telephone.

a.   Quarantinable diseases.  A health care provider and a public, private, or hospital clinical laboratory shall immediately report any confirmed or suspected case of quarantinable disease by telephone to the department’s disease notification hotline at 1–800–362–2736.  The report shall include all information required by Iowa Code section 139A.3 and the following:

(1)  The stage of the disease process.

(2)  Clinical status.

(3)  Any treatment provided for the disease.

(4)  All household and other known contacts.

(5)  Whether household and other known contacts have been examined and the results of such examinations.

b.   Other diseases that carry serious consequences or spread rapidly.  A health care provider and a public, private, or hospital clinical laboratory shall immediately report any confirmed or suspected case of a common source epidemic or disease outbreak of unusual numbers by telephone to the department’s disease notification hotline at 1–800–362–2736.

1.4(2)Reporting of other reportable diseases.  Cases of other reportable diseases and conditions not included in 1.4(1) shall be reported to the department at least weekly by mail, telephone, facsimile, or other secure electronic means.  If the department determines that reporting by mail hinders the application of organized control measures to protect the public health, the department may require that the disease or condition be reported by telephone.

1.4(3)Investigation of reportable diseases.  A health care provider and a public, private, or hospital clinical laboratory shall assist in a disease investigation conducted by the department, a local board, or local department.  A health care provider and a public, private, or hospital clinical laboratory shall provide the department, local board, or local department with all information necessary to conduct the investigation, including but not limited to medical records; exposure histories; medical histories; contact information; and test results necessary to the investigation, including positive, pending, and negative test results.

1.4(4)Each occurrence of a reportable cancer that is diagnosed or treated in an Iowa resident or occurs in a nonresident who is diagnosed or treated in an Iowa facility shall be reported to the State Health Registry of Iowa, administered by the Department of Epidemiology of the College of Public Health at the University of Iowa, by mail, telephone or electronic means.

1.4(5)Issuance of investigatory subpoenas.

a.   The department may upon the written request of a local board of health, the state epidemiologist or designee, or the deputy state epidemiologist or designee, subpoena records, reports, or any other evidence necessary to conduct a disease investigation.  The subpoena shall be signed by the division director of the division of acute disease prevention and emergency response or the division director’s designee following review and approval of the written request for subpoena.

b.   A written request for a subpoena shall contain the following:

(1)  The name and address of the person, facility, or entity to which the subpoena will be directed;

(2)  A specific description of the records, reports, or other evidence requested; and

(3)  An explanation of why the documents sought to be subpoenaed are necessary for the department to conduct the disease investigation.

c.   Each subpoena shall contain:

(1)  The name and address of the person, facility, or entity to which the subpoena is directed;

(2)  A description of the records, reports, or other evidence requested;

(3)  The date, time, and location for production, inspection, or copying;

(4)  The time within which a motion to quash or modify the subpoena must be filed;

(5)  The signature, address, and telephone number of the division director;

(6)  The date of issuance; and

(7)  A return of service.

d.   Process to challenge a subpoena.

(1)  Any person who is aggrieved or adversely affected by compliance with the subpoena and who desires to challenge the subpoena must, within five days after service of the subpoena, or before the time specified for compliance if such time is less than five days, file with the department a motion to quash or modify the subpoena.  The motion shall describe the reasons why the subpoena should be quashed or modified, and may be accompanied by legal briefs or factual affidavits.

(2)  Upon receipt of a timely motion to quash or modify a subpoena, the department may request an administrative law judge to issue a decision.  Oral argument may be scheduled at the discretion of the administrative law judge.  The administrative law judge may quash or modify the subpoena, deny the motion, or issue an appropriate protective order.

(3)  A person aggrieved by a ruling of an administrative law judge who desires to challenge that ruling must appeal the ruling to the department by serving on the department director, either in person or by certified mail, a notice of appeal within ten days after the service of the decision of the administrative law judge.  The department director’s decision is final for purposes of judicial review.

e.   Subpoenas issued under this subrule and requests, motions, and pleadings related to the issuance of subpoenas are confidential pursuant to Iowa Code sections 139A.3 and 22.7.

641—1.5(139A)  Reporting forms.

1.5(1)Cases of reportable diseases, poisonings and conditions shall be submitted in a format specified by the department.

1.5(2)Sexually transmitted disease/infection should be reported to the department on a sexually transmitted disease/infection form which is provided to health care providers and laboratories.  Since these reports are confidential, they shall be transmitted in sealed envelopes or other secure fashion.

1.5(3)Occupational nurses may submit cases of occupationally related reportable diseases or conditions on report forms provided by the department, or may submit copies of either of the following forms:

a.   Occupational Safety and Health Act Form No. 101, “Supplementary Record of Occupational Injuries and Illnesses,” or

b.   State of Iowa Form No. L–1WC–1, “Employers Work Injury Report, Employers First Report of Injury.”

Copies of report forms listed in paragraph “a” or “b” will suffice only if the employer of the occupational nurse has already submitted the original reports to the Iowa industrial commissioner.

1.5(4)Reportable cancers shall be reported on the forms developed and distributed by the State Health Registry of Iowa.  Data from the report forms will be supplemented with information obtained from records from hospitals, radiation treatment centers, outpatient surgical centers, oncology clinics, pathology laboratories, and physician offices through an abstracting process developed by the State Health Registry of Iowa.  Tissue samples may also be submitted under the authority of this rule.  The content of the reports shall include, but not be limited to, follow–up data and demographic, diagnostic, treatment, and other medical information.

641—1.6(139A)  Who should report.

1.6(1)Health care providers are required by law to report all cases of reportable diseases attended by them.

1.6(2)Hospitals and other health care facilities are required to report cases of reportable diseases.

1.6(3)School nurses are to report suspected cases of reportable diseases occurring among the children supervised.

1.6(4)School officials, through the principal or superintendent as appropriate, are required to report when there is no school nurse.

1.6(5)Laboratories are required to report cases of reportable diseases and results obtained in the examination of all specimens which yield evidence of or are reactive for sexually transmitted diseases.

1.6(6)Poison control and poison information centers are required to report inquiries about cases of reportable diseases received by them.

1.6(7)Medical examiners are required to report their investigatory finding of any death which was caused by or otherwise involved a reportable disease.

1.6(8)Occupational nurses are required to report cases of reportable diseases, if occupationally related.

1.6(9)Occurrences of reportable cancers shall be reported by registrars employed by the State Health Registry of Iowa, registrars employed by health care facilities, and health care providers involved in the diagnosis, care, or treatment of individuals with a reportable cancer.

641—1.7(139A)  Treatment of infant eyes.  The Iowa department of public health approves 1 percent silver nitrate solution in single–dose ampules or single–use tubes of an ophthalmic ointment containing 1 percent tetracycline or 0.5 percent erythromycin in each conjunctival sac as an ophthalmia prophylactic for newborn infants’ eyes.  Prophylaxis should be given after birth, but in no instance delayed for more than one hour after delivery.  Once applied, none of the above agents used for prophylaxis shall be flushed from the eyes following installation.

This rule is intended to implement Iowa Code section 139A.38.

641—1.8(139A)  Isolation.  Isolation and quarantine should be consistent with guidelines provided by the Centers for Disease Control and Prevention, Atlanta, Georgia.  (Garner JS, Hospital Infection Control Practices Advisory Committee.  Guideline for isolation precautions in hospitals.  Infect Control Hosp Epidemiol 1996; 17:53–80, and Am J Infect Control 1996; 24:24–52.)

641—1.9(135,139A)  Quarantine and isolation.

1.9(1)Examination, testing and treatment of quarantinable diseases.

a.   A health care provider who attends an individual with a suspected or active quarantinable disease shall make all reasonable efforts in accordance with guidance from a local health department or the department to examine or cause all household and other known contacts of the individual to be examined by a physician.  The physician shall promptly report to the department the results of such examination.  If the individual refuses or is unable to undergo examination, the health care provider shall promptly report such information to the department.

b.   When required by the department, all contacts not examined by a physician, including all adult and minor contacts, shall submit to a diagnostic test or tests.  If any suspicious abnormality is found, steps satisfactory to the department shall be taken to refer the individual promptly to a physician or appropriate medical facility for further evaluation and, if necessary, treatment.  The referring health care provider or facility shall notify the receiving health care provider or facility of the suspicious abnormality.  When requested by the department, a physician shall report the results of the examination of a contact to the case or suspected case or incident.

c.   Upon order of the department or local board of health, an individual with a suspected or active quarantinable disease shall not attend the workplace or school and shall not be present at other public places until the individual receives the approval of the department or a local board of health to engage in such activity.  Upon order of the department or local board of health, employers, schools and other public places shall exclude an individual with a suspected or active quarantinable disease.  An individual may also be excluded from other premises or facilities if the department or a local board of health determines the premises or facilities cannot be maintained in a manner adequate to protect others against the spread of the disease.

1.9(2)General provisions.

a.   Voluntary confinement.  Prior to instituting mandatory isolation or quarantine pursuant to this rule, the department or a local board of health may request that an individual or group of individuals voluntarily confine themselves to a private home or other facility.

b.   Quarantine and isolation.  The department and local boards of health are authorized to impose and enforce quarantine and isolation restrictions.  Quarantine and isolation shall rarely be imposed by the department or by local boards of health.  If a quarantinable disease occurs in Iowa, individuals with a suspected or active quarantinable disease and contacts to the case may be quarantined or isolated as the particular situation requires.  Any quarantine or isolation imposed by the department or a local board of health shall be established and enforced in accordance with this rule.

1.9(3)Conditions and principles.  The department and local boards of health shall adhere to all of the following conditions and principles when isolating or quarantining individuals or a group of individuals:

a.   The isolation or quarantine shall be by the least restrictive means necessary to prevent the spread of a communicable or possibly communicable disease to others and may include, but not be limited to, confinement to private homes, other private premises, or public premises.

b.   Isolated individuals shall be confined separately from quarantined individuals.

c.   The health status of isolated or quarantined individuals shall be monitored regularly to determine if the individuals require further or continued isolation or quarantine.

d.   If a quarantined individual subsequently becomes infected or is reasonably believed to have become infected with a communicable or possibly communicable disease, the individual shall be promptly removed to isolation.

e.   Isolated or quarantined individuals shall be immediately released when the department or local board of health determines that the individuals pose no substantial risk of transmitting a communicable or possibly communicable disease.

f.    The needs of isolated or quarantined individuals shall be addressed in a systematic and competent fashion including, but not limited to, providing adequate food; clothing; shelter; means of communicating with those in and outside of isolation or quarantine; medication; and competent medical care.

g.   The premises used for isolation or quarantine shall be maintained in a safe and hygienic manner and shall be designed to minimize the likelihood of further transmission of infection or other harm to isolated or quarantined individuals.

h.   To the extent possible, cultural and religious beliefs shall be considered in addressing the needs of individuals in isolation or quarantine premises and in establishing and maintaining the premises.

1.9(4)Isolation or quarantine premises.

a.   Sites of isolation or quarantine shall be prominently placarded with isolation or quarantine signs prescribed and furnished by the department and posted on all sides of the building wherever access is possible.

b.   An individual subject to isolation or quarantine shall obey the rules and orders of the department or the local board of health and shall not go beyond the isolation or quarantine premises.

c.   The department or a local board of health may authorize physicians, health care workers, or others access to individuals in isolation or quarantine as necessary to meet the needs of isolated or quarantined individuals.

d.   No individual, other than an individual authorized by the department or a local board of health, shall enter isolation or quarantine premises.  If the department has requested the assistance of law enforcement in enforcing the isolation or quarantine, the department shall provide law enforcement personnel with a list of individuals authorized to enter the isolation or quarantine premises.

e.   Any individual entering an isolation or quarantine premises with or without authorization of the department or a local board of health may be isolated or quarantined pursuant to this rule.

1.9(5)Isolation and quarantine by local boards of health.

a.   A local board of health may:

(1)  Isolate individuals who are presumably or actually infected with a quarantinable disease;

(2)  Quarantine individuals who have been exposed to a quarantinable disease;

(3)  Establish and maintain places of isolation and quarantine; and

(4)  Adopt emergency rules and issue orders as necessary to establish, maintain, and enforce isolation or quarantine.

b.   Isolation and quarantine undertaken by a local board of health shall be accomplished according to the rules and regulations of the local board of health so long as such rules are not inconsistent with this chapter.

1.9(6)Isolation and quarantine by the Iowa department of public health.

a.   Authority.

(1)  The department, through the director, the department’s medical director, or the director’s or medical director’s designee, may:

1.   Isolate individuals or groups of individuals who are presumably or actually infected with a quarantinable disease; and

2.   Quarantine individuals or groups of individuals who have been exposed to a quarantinable disease, including individuals who are unable or unwilling to undergo examination, testing, vaccination, or treatment, pursuant to 2003 Iowa Acts, chapter 33.

(2)  The department may:

1.   Establish and maintain places of isolation and quarantine; and

2.   Adopt emergency rules and issue orders as necessary to establish, maintain, and enforce isolation or quarantine.

(3)  Isolation and quarantine undertaken by the department, including isolation and quarantine undertaken by the department in the event of a public health disaster, shall be established pursuant to paragraph 1.9(6)“b” or “c.”

b.   Temporary isolation and quarantine without notice.  The department may temporarily isolate or quarantine an individual or groups of individuals through an oral order, without notice, only if delay in imposing the isolation or quarantine would significantly jeopardize the department’s ability to prevent or limit the transmission of a communicable or possibly communicable disease to others.  If the department imposes temporary isolation or quarantine of an individual or groups of individuals through an oral order, the department shall issue a written order as soon as is reasonably possible and in all cases within 24 hours of issuance of the oral order if continued isolation or quarantine is necessary to prevent or limit the transmission of a communicable or possibly communicable disease.

c.   Written order.  The department may isolate or quarantine an individual or groups of individuals through a written order issued pursuant to this rule.

(1)  The written order shall include all of the following:

1.   The identity of the individual, individuals, or groups of individuals subject to isolation or quarantine.

2.   The premises subject to isolation or quarantine.

3.   The date and time at which isolation or quarantine commences.

4.   The suspected communicable disease.

5.   A description of the less restrictive alternatives that were attempted and were unsuccessful, or the less restrictive alternatives that were considered and rejected, and the reasons such alternatives were rejected.

6.   A statement of compliance with the conditions and principles for isolation and quarantinespecified in subrule 1.9(3).

7.   The legal authority under which the order is requested.

8.   The medical basis upon which isolation or quarantine is justified.

9.   A statement advising the individual, individuals, or groups of individuals of the right to appeal the written order pursuant to subrule 1.9(7) and the rights of individuals and groups of individuals subject to quarantine and isolation as listed in subrule 1.9(8).

10. A copy of this chapter and the relevant definitions of this rule.

(2)  A copy of the written order shall be provided to the individual to be isolated or quarantined within 24 hours of issuance of the order in accordance with any applicable process authorized by the Iowa Rules of Civil Procedure.  If the order applies to a group or groups of individuals and it is impractical to provide individual copies, the order may be posted in a conspicuous place in the isolation or quarantine premises.

1.9(7)Appeal from order imposing isolation or quarantine.

a.   Contested case.  The subject of a department order imposing isolation or quarantine may appeal a written order and has the right to a contested case hearing regarding such appeal.  The subject of a department order imposing isolation or quarantine may appeal the order by submitting a written appeal within ten days of receipt of the written order.  The appeal shall be addressed to the Department of Public Health, Division of Epidemiology, Emergency Medical Services, and Disaster Operations, Lucas State Office Building, Des Moines, Iowa 50319–0075.  Unless stayed by order of the director or a district court, the written order for quarantine or isolation shall remain in force and effect until the appeal is finally determined and disposed of upon its merits.

b.   Presiding officer.  The presiding officer in a contested case shall be the director or the director’s designee.  The director or the director’s designee may be assisted by an administrative law judge in conducting the contested case hearing.  The decision of the director or the director’s designee shall be the department’s final decision and is subject to judicial review in accordance with the provisions of Iowa Code chapter 17A.

c.   Proceeding.  The contested case hearing shall be conducted in accordance with the provisions contained at 641—Chapter 173.  The hearing shall be held as soon as is practicable, and in no case later than ten days from the date of receipt of the appeal.  The hearing may be held by telephonic or other electronic means if necessary to prevent additional exposure to the communicable or possibly communicable disease.  In extraordinary circumstances and for good cause shown, the department may apply to continue the hearing date for up to ten additional days on a petition filed pursuant to this rule.  The presiding officer may use discretion in granting a continuance giving due regard to the rights of the affected individuals, the protection of the public’s health, and the availability of necessary witnesses and evidence.

d.   Judicial review.  The aggrieved party to the final decision of the department may petition for judicial review of that action pursuant to Iowa Code chapter 17A.  Petitions for judicial review shall be filed within 30 days after the decision becomes final.

e.   Immediate judicial review of department order.  The department acknowledges that in certain circumstances the subject or subjects of a department order may desire immediate judicial review of a department order in lieu of proceeding with the contested case process.  The department recognizes that the procedural step of pursuing exhaustion of administrative remedies may be inadequate for purposes of Iowa Code section 17A.19, and the department may consent to immediate jurisdiction of the district court when requested by the subject or subjects of a department order and justice so requires.  Unless stayed by order of the director or a district court, the written order for quarantine or isolation shall remain in force and effect until the judicial review is finally determined and disposed of upon its merits.

1.9(8)Rights of individuals and groups of individuals subject to isolation or quarantine.  Any individual or group of individuals subject to isolation or quarantine shall have the following rights:

a.   The right to be represented by legal counsel.

b.   The right to be provided with prior notice of the date, time, and location of any hearing.

c.   The right to participate in any hearing.  The hearing may be held by telephonic or other electronic means if necessary to prevent additional exposure to the communicable or possibly communicable disease.

d.   The right to respond and present evidence and argument on the individual’s own behalf in any hearing.

e.   The right to cross–examine witnesses who testify against the individual.

f.    The right to view and copy all records in the possession of the department which relate to the subject of the written order.

1.9(9)Consolidation of claims.  In any proceeding brought pursuant to this rule, to promote the fair and efficient operation of justice and having given due regard to the rights of the affected individuals, the protection of the public’s health, and the availability of necessary witnesses and evidence, the department or a court may order the consolidation of individual claims into group claims, if all of the following conditions exist:

a.   The number of individuals involved or to be affected is so large that individual participation is impractical.

b.   There are questions of law or fact common to the individual claims or rights to be determined.

c.   The group claims or rights to be determined are typical of the affected individuals’ claims or rights.

d.   The entire group will be adequately represented in the consolidation.

1.9(10)Implementation and enforcement of isolation and quarantine.

a.   Jurisdictional issues.  The department has primary jurisdiction to isolate or quarantine individuals or groups of individuals if the communicable disease outbreak has affected more than one county or has multicounty, statewide, or interstate public health implications.  When imposing isolation or quarantine, the department shall coordinate with the local health department as appropriate.  If isolation or quarantine is imposed by the department, a local board of health or local health department may not alter, amend, modify, or rescind the isolation or quarantine order.

b.   Assistance of local boards of health and local health departments.  If isolation or quarantine is imposed by the department, the local boards of health and the local health departments in the affected areas shall assist in the implementation of the isolation or quarantine order.

c.   Assistance of law enforcement.  Pursuant to Iowa Code section 135.35, all peace officers of the state shall enforce and execute a lawful department order for isolation or quarantine within their respective jurisdictions.  The department shall take all reasonable measures to minimize the risk of exposure to peace officers and others assisting with enforcement of an isolation or quarantine order.

d.   Penalty.  Pursuant to Iowa Code section 135.38, any individual who knowingly violates a lawful department order for isolation or quarantine, whether written or oral, shall be guilty of a simple misdemeanor.  The court–ordered sentence may include a fine of up to $500 and imprisonment not to exceed 30 days.

e.   Enforcement action.  The department may file a civil action in Polk County district court to enforce a department order for isolation or quarantine.  Such action shall be filed in accordance with Iowa Rules of Civil Procedure.

641—1.10(139A)  Disinfection.  Disinfection should be consistent with guidelines provided by the Centers for Disease Control and Prevention, Public Health Service, U.S. Department of Health and Human Services, Atlanta, Georgia.  (Garner JS, Hospital Infection Control Practices Advisory Committee.  Guideline for isolation precautions in hospitals.  Infect Control Hosp Epidemiol 1996; 17:53–80, and Am J Infect Control 1996; 24:24–52.)

641—1.11(141A)  Contagious or infectious disease notification at time of death.  The purpose of this rule is to establish contagious or infectious disease notification requirements for the information of any person handling a dead body.

1.11(1)A health care provider attending a person prior to the person’s death shall, at the time of death, place with the body a written notice which specifies or signifies either “known contagious or infectious disease” or “suspected contagious or infectious disease.”

1.11(2)The health facility in which the health care provider is working shall be responsible for establishing written procedures and implementing the specific internal practices necessary to satisfy this notification requirement.

641—1.12(135,137,139A)  Quarantine and isolation—model rule for local boards.

1.12(1)Applicability.  The provisions of rule 1.12(135,137,139A) are applicable in jurisdictions in which a local board has adopted this rule by reference in accordance with Iowa Code section 137.6.  This rule shall not be construed to require a local board to adopt this model rule.

1.12(2)Definitions.

“Board” means [insert the name of the city, county, or district board of health].

“Department” means the Iowa department of public health.

“Isolation” means the separation of persons or animals presumably or actually infected with a communicable disease, or that are disease carriers, for the usual period of communicability of that disease.  Isolation shall be in such places, marked by placards if necessary, and under such conditions to prevent the direct or indirect conveyance of the infectious agent or contagion to susceptible individuals.

“Quarantinable disease” means any communicable disease which presents a risk of serious harm to public health and which may require isolation or quarantine to prevent its spread.  “Quarantinable disease” includes but is not limited to cholera; diphtheria; infectious tuberculosis; plague; smallpox; yellow fever; viral hemorrhagic fevers, including Lassa, Marburg, Ebola, Crimean–Congo, South American, and others not yet isolated or named; and severe acute respiratory syndrome (SARS).

“Quarantine” means the limitation of freedom of movement of persons or animals that have been exposed to a communicable disease, within specified limits marked by placards, for a period of time equal to the longest usual incubation period of the disease.  The limitation of movement shall be in such manner as to prevent the spread of a communicable disease.

1.12(3)General provisions.

a.   Voluntary confinement.  Prior to instituting mandatory isolation or quarantine pursuant to this rule, the board may request that an individual or group of individuals voluntarily confine themselves to a private home or other facility.

b.   Quarantine and isolation.  The board is authorized to impose and enforce quarantine and isolation restrictions.  Quarantine and isolation shall rarely be imposed by the board.  If a quarantinable disease occurs in Iowa, individuals with a suspected or active quarantinable disease and contacts to the case may be quarantined or isolated as the particular situation requires.  Any quarantine or isolation imposed by the board shall be established and enforced in accordance with this rule.

c.   The local board of health shall notify, consult and work cooperatively with the Iowa department of agriculture and land stewardship and the state veterinarian office on issues relating to isolation and quarantine of animals.

1.12(4)Conditions and principles.  The board shall adhere to all of the following conditions and principles when isolating or quarantining individuals or a group of individuals:

a.   The isolation or quarantine shall be by the least restrictive means necessary to prevent the spread of a communicable or possibly communicable disease to others and may include, but is not limited to, confinement to private homes, other private premises, or public premises.

b.   Isolated individuals shall be confined separately from quarantined individuals.

c.   The health status of isolated or quarantined individuals shall be monitored regularly to determine if the individuals require further or continued isolation or quarantine.

d.   If a quarantined individual subsequently becomes infected or is reasonably believed to have become infected with a communicable or possibly communicable disease, the individual shall be promptly removed to isolation.

e.   Isolated or quarantined individuals shall be immediately released when the board determines that the individuals pose no substantial risk of transmitting a communicable or possibly communicable disease.

f.    The needs of isolated or quarantined individuals shall be addressed in a systematic and competent fashion including, but not limited to, providing adequate food; clothing; shelter; means of communicating with those in and outside of isolation or quarantine; medication; and competent medical care.

g.   The premises used for isolation or quarantine shall be maintained in a safe and hygienic manner and shall be designed to minimize the likelihood of further transmission of infection or other harm to isolated or quarantined individuals.

h.   To the extent possible, cultural and religious beliefs shall be considered in addressing the needs of individuals in isolation and quarantine premises and in establishing and maintaining the premises.

1.12(5)Isolation or quarantine premises.

a.   Sites of isolation or quarantine shall be prominently placarded with isolation or quarantine signs prescribed and furnished by the department and posted on all sides of the building wherever access is possible.

b.   An individual subject to isolation or quarantine shall obey the rules and orders of the board and shall not go beyond the isolation or quarantine premises.

c.   The department or the board may authorize physicians, health care workers, or others access to individuals in isolation or quarantine as necessary to meet the needs of isolated or quarantined individuals.

d.   No individual, other than an individual authorized by the department or the board, shall enter isolation or quarantine premises.  If the department has requested the assistance of law enforcement in enforcing the isolation or quarantine, the department shall provide law enforcement personnel with a list of individuals authorized to enter the isolation or quarantine premises.

e.   Any individual entering an isolation or quarantine premises with or without authorization of the department or the board may be isolated or quarantined pursuant to this rule.

1.12(6)Isolation and quarantine.

a.   Authority.  The board may:

(1)  Isolate individuals who are presumably or actually infected with a quarantinable disease;

(2)  Quarantine individuals who have been exposed to a quarantinable disease;

(3)  Establish and maintain places of isolation and quarantine; and

(4)  Adopt emergency rules and issue orders as necessary to establish, maintain, and enforce isolation or quarantine.

b.   Isolation and quarantine undertaken by the board shall be accomplished in accordance with this rule.

c.   Temporary isolation and quarantine without notice.  The board may temporarily isolate or quarantine an individual or groups of individuals through an oral order, without notice, only if delay in imposing the isolation or quarantine would significantly jeopardize the board’s ability to prevent or limit the transmission of a communicable or possibly communicable disease to others.  If the board imposes temporary isolation or quarantine of an individual or groups of individuals through an oral order, the board shall issue a written order as soon as is reasonably possible and in all cases within 24 hours of issuance of the oral order if continued isolation or quarantine is necessary to prevent or limit the transmission of a communicable or possibly communicable disease.

d.   Written order.  The board may isolate or quarantine an individual or groups of individuals through a written order issued pursuant to this rule.

(1)  The written order shall include all of the following:

1.   The identity of the individual, individuals, or groups of individuals subject to isolation or quarantine.

2.   The premises subject to isolation or quarantine.

3.   The date and time at which isolation or quarantine commences.

4.   The suspected communicable disease.

5.   A description of the less restrictive alternatives that were attempted and were unsuccessful, or the less restrictive alternatives that were considered and rejected, and the reasons such alternatives were rejected.

6.   A statement of compliance with the conditions and principles for isolation and quarantinespecified in subrule 1.12(4).

7.   The legal authority under which the order is requested.

8.   The medical basis upon which isolation or quarantine is justified.

9.   A statement advising the individual, individuals, or groups of individuals of the right to appeal the written order pursuant to subrule 1.12(7) and the rights of individuals and groups of individuals subject to quarantine and isolation as listed in subrule 1.12(8).

10. A copy of this rule and the relevant definitions.

(2)  A copy of the written order shall be provided to the individual to be isolated or quarantined within 24 hours of issuance of the order in accordance with any applicable process authorized by the Iowa Rules of Civil Procedure.  If the order applies to a group or groups of individuals and it is impractical to provide individual copies, the order may be posted in a conspicuous place in the isolation or quarantine premises.

1.12(7)Appeal from order imposing isolation or quarantine.

a.   Appeal.  The subject of a board order imposing isolation or quarantine may appeal a written order by submitting a written appeal within ten days of receipt of the written order.  The appeal shall be addressed to [insert name of board and board address].  Unless stayed by order of the board or a district court, the written order for quarantine or isolation shall remain in force and effect until the appeal is finally determined and disposed of upon its merits.

b.   Proceeding.  The appeal proceeding shall be conducted in accordance with this rule [or insert specific board rule governing appeal proceedings].  The proceeding shall be held as soon as is practicable, and in no case later than ten days from the date of receipt of the appeal.  The hearing may be held by telephonic or other electronic means if necessary to prevent additional exposure to the communicable or possibly communicable disease.  In extraordinary circumstances and for good cause shown, the board may continue the proceeding date for up to ten days, giving due regard to the rights of the affected individuals, the protection of the public’s health, and the availability of necessary witnesses and evidence.  At the appeal proceeding, the subject of the appeal shall have the right to introduce evidence on all issues relevant to the order.  The board, by majority vote, may modify, withdraw, or order compliance with the order under appeal.

c.   Judicial review.  The aggrieved party to the final decision of the board may petition for judicial review of that action by filing an action in the appropriate district court.  Petitions for judicial review shall be filed within 30 days after the decision becomes final.

d.   Immediate judicial review of board order.  The board acknowledges that in certain circumstances the subject or subjects of a board order may desire immediate judicial review of a board order in lieu of proceeding with the board’s appeal process.  The board may consent to immediate jurisdiction of the district court when requested by the subject or subjects of a board order and justice so requires.  Unless stayed by order of the board or a district court, the written order for quarantine or isolation shall remain in force and effect until the judicial review is finally determined and disposed of upon its merits.

1.12(8)Rights of individuals and groups of individuals subject to isolation or quarantine.  Any individual or group of individuals subject to isolation or quarantine shall have the following rights:

a.   The right to be represented by legal counsel.

b.   The right to be provided with prior notice of the date, time, and location of any hearing.

c.   The right to participate in any hearing.  The hearing may be held by telephonic or other electronic means if necessary to prevent additional exposure to the communicable or possibly communicable disease.

d.   The right to respond and present evidence and argument on the individual’s own behalf in any hearing.

e.   The right to cross–examine witnesses who testify against the individual.

f.    The right to view and copy all records in the possession of the board which relate to the subject of the written order.

1.12(9)Consolidation of claims.  In any proceeding brought pursuant to this rule, to promote the fair and efficient operation of justice and having given due regard to the rights of the affected individuals, the protection of the public’s health, and the availability of necessary witnesses and evidence, the board or a court may order the consolidation of individual claims into group claims, if all of the following conditions exist:

a.   The number of individuals involved or to be affected is large enough that consolidation would be the best use of resources.

b.   There are questions of law or fact common to the individual claims or rights to be determined.

c.   The group claims or rights to be determined are typical of the affected individuals’ claims or rights.

d.   The entire group will be adequately represented in the consolidation.

1.12(10)Implementation and enforcement of isolation and quarantine.

a.   Jurisdictional issues.  The department has primary jurisdiction to isolate or quarantine individuals or groups of individuals if the communicable disease outbreak has affected more than one county or has multicounty, statewide, or interstate public health implications.  If isolation or quarantine is imposed by the department, the board may not alter, amend, modify, or rescind the isolation or quarantine order.

b.   Assistance of local boards of health and local health departments.  If isolation or quarantine is imposed by the department, the local boards of health and the local health departments in the affected areas shall assist in the implementation of the isolation or quarantine order.

c.   Penalty.  Pursuant to Iowa Code sections 137.21 and 139A.25(1), any individual who violates a lawful board order for isolation or quarantine, whether written or oral, shall be guilty of a simple misdemeanor.  The court–ordered sentence may include a fine of up to $500 and imprisonment not to exceed 30 days.

d.   Enforcement action.  The board, through the office of the county attorney, may file a civil action in the appropriate district court to enforce a board order for isolation or quarantine.  Such action shall be filed in accordance with Iowa Rules of Civil Procedure.

641—1.13(135,139A)  Area quarantine.

1.13(1)General provisions.  The department and local boards of health are authorized to impose and enforce area quarantine in accordance with this rule.  Area quarantine shall rarely be imposed by the department or by local boards of health.

1.13(2)Conditions and principles.  The department and local boards of health shall adhere to all of the following conditions and principles when imposing and enforcing area quarantine:

a.   Area quarantine shall be imposed by the least restrictive means necessary to prevent or contain the spread of a suspected or confirmed quarantinable disease or suspected or known hazardous or toxic agent.

b.   Area quarantine shall be immediately terminated when the department or a local board of health determines that no substantial risk of exposure to a quarantinable disease or hazardous or toxic agent continues to exist.

c.   The geographical boundaries of an area quarantine shall be established by risk assessment procedures including medical and scientific analysis of the quarantinable disease or hazardous or toxic agent, the location of the affected area, the risk of spread or contamination, and other relevant information.

1.13(3)Area quarantine sites.

a.   Sites of area quarantine shall be prominently identified to restrict ingress and egress to and from the area, to the extent practicable.  The department or a local board of health may placard or otherwise identify the site, or may request the assistance of law enforcement in identifying the site.

b.   No individual, other than an individual authorized by the department or a local board of health, shall enter a building, structure, or other physical location subject to area quarantine.  The department or a local board of health may authorize public health officials, environmental specialists, health care providers, or others access to an area quarantine site as necessary to conduct public health investigations, to decontaminate the site, or for other public health purposes.  Notwithstanding any provision in this chapter to the contrary, law enforcement, fire service, and emergency medical service providers may enter an area quarantine site to provide emergency response services or to conduct emergency law enforcement investigations or other emergency activities without authorization by the department or a local board of health.  If the department has requested the assistance of law enforcement in enforcing the area quarantine, the department shall provide law enforcement personnel with a list of individuals authorized to enter the area quarantine site.

c.   An individual authorized to enter an area quarantine site may be required to wear personal protective equipment as appropriate.

d.   No individual, other than an individual authorized by the department or a local board of health, shall remove any item or object from a building, structure, or other physical location subject to area quarantine.

e.   An individual entering an area quarantine site without authorization of the department or a local board of health may be isolated or quarantined pursuant to rule 1.9(135,139A) and may be found guilty of a simple misdemeanor.

1.13(4)Area quarantine by local boards of health or the department of public health.

a.   Authority.

(1)  The department, through the director, the department’s medical director, or the director or medical director’s designee, may impose area quarantine through oral or written order.  Prior to imposing area quarantine, the department shall attempt to notify the local board or boards of health in the affected geographic area.  If attempts to notify the local boards of health are initially unsuccessful, the department shall continue to make regular notification attempts until successful.

(2)  A local board of health may impose area quarantine through oral or written order.  Prior to imposing area quarantine, a local board of health shall attempt to notify the department by contacting the director, medical director, or department duty officer by telephone.  If attempts to notify the department are initially unsuccessful, the local board of health shall continue to make regular notification attempts until successful.

b.   Temporary area quarantine without notice.  The department or a local board of health may temporarily impose area quarantine through an oral order, without notice, only if delay in imposing area quarantine would significantly jeopardize the department’s or local board’s ability to prevent or contain the spread of a suspected or confirmed quarantinable disease or to prevent or contain exposure to a suspected or known hazardous or toxic agent.  If the department or local board imposes temporary area quarantine through an oral order, a written order shall be issued as soon as is reasonably possible and in all cases within 24 hours of issuance of the oral order if continued area quarantine is necessary.

c.   Written order.  The department or local board may impose area quarantine through a written order issued pursuant to this rule.

(1)  The written order shall include all of the following:

1.   The building or buildings, structure or structures, or other definable physical location, or portion thereof, subject to area quarantine.

2.   The date and time at which area quarantine commences and the date and time at which the area quarantine shall be terminated, if known.

3.   The suspected or confirmed quarantinable disease or the chemical, biological, radioactive, or other hazardous or toxic agent.

4.   A statement of compliance with the conditions and principles for area quarantine specified in subrule 1.13(2).

5.   The legal authority under which the order is imposed.

6.   The medical or scientific basis upon which area quarantine is justified.

7.   A statement advising the owner or owners of the building or buildings, structure or structures, or other definable physical location subject to area quarantine of the right to appeal the written order pursuant to subrule 1.13(5) and the rights of owners of sites subject to area quarantine pursuant to subrule 1.13(6).

8.   A copy of 641—Chapter 1 and the relevant provisions of this rule.

(2)  A copy of the written order shall be provided to the owner or owners of the building or buildings, structure or structures, or other definable physical location subject to area quarantine within 24 hours of issuance of the order in accordance with any applicable process authorized by the Iowa Rules of Civil Procedure; or, if the order applies to a group of owners and it is impractical to provide individual notice to each owner, the written order shall be posted in a conspicuous place at the site of area quarantine.

1.13(5)Appeal from order imposing area quarantine.

a.   Contested case.  The subject of a department order imposing area quarantine may appeal a written order and has the right to a contested case hearing regarding such appeal.  The subject of a department order imposing area quarantine may appeal the order by submitting a written appeal within 10 days of receipt or other notice of the written order.  The appeal shall be addressed to the Department of Public Health, Division of Acute Disease Prevention and Emergency Response, Lucas State Office Building, Des Moines, Iowa 50319–0075.  Unless stayed by order of the director or a district court, the written order for area quarantine shall remain in force and effect until the appeal is finally determined and disposed of upon its merits.

b.   Presiding officer.  The presiding officer in a contested case shall be the director or the director’s designee.  The director or the director’s designee may be assisted by an administrative law judge in conducting the contested case hearing.  The decision of the director or the director’s designee shall be the agency’s final decision and is subject to judicial review in accordance with the provisions of Iowa Code chapter 17A.

c.   Proceeding.  The contested case hearing shall be conducted in accordance with the provisions contained at 641—Chapter 173.  The hearing shall be held as soon as is practicable, and in no case later than 10 days from the date of receipt of the appeal.   In extraordinary circumstances and for good cause shown, the department may apply to continue the hearing date on a petition filed pursuant to this paragraph for up to 10 days, which continuance the presiding officer may grant in its discretion giving due regard to the rights of the affected individuals, the protection of the public’s health, and the availability of necessary witnesses and evidence.

d.   Judicial review.  The aggrieved party to the final decision of the department may petition for judicial review of that action pursuant to Iowa Code chapter 17A.  Petitions for judicial review shall be filed within 30 days after the decision becomes final.

e.   Immediate judicial review of department order.  The department acknowledges that in certain circumstances the subject or subjects of a department order may desire immediate judicial review of a department order in lieu of proceeding with the contested case process.  The department recognizes that the procedural step of pursuing exhaustion of administrative remedies may be inadequate for purposes of Iowa Code section 17A.19, and the department may consent to immediate jurisdiction of the district court when requested by the subject or subjects of a department order and justice so requires.   Unless stayed by order of the director or a district court, the written order for area quarantine shall remain in force and effect until the judicial review is finally determined and disposed of upon its merits.

1.13(6)Rights of owners of sites subject to area quarantine.  An owner of a building, structure, or other physical location subject to area quarantine shall have the following rights:

a.   The right to be represented by legal counsel.

b.   The right to be provided with prior notice of the date, time, and location of any hearing.

c.   The right to participate in any hearing.

d.   The right to respond and present evidence and argument on the owner’s own behalf in any hearing.

e.   The right to cross–examine witnesses who testify against the individual.

f.    The right to view and copy all records in the possession of the department which relate to the subject of the written order.

1.13(7)Consolidation of claims.  In any proceeding brought pursuant to this rule, to promote the fair and efficient operation of justice and having given due regard to the rights of the affected individuals, the protection of the public’s health, and the availability of necessary witnesses and evidence, the department or a court may order the consolidation of individual claims into group claims, if all of the following conditions exist:

a.   The number of individuals involved or who may be affected is so large that individual participation is impractical.

b.   There are questions of law or fact common to the individual claims or rights to be determined.

c.   The group claims or rights to be determined are typical of the affected individuals’ claims or rights.

d.   The entire group will be adequately represented in the consolidation.

1.13(8)Implementation and enforcement of area quarantine.

a.   Jurisdictional issues.  The department has primary jurisdiction to impose area quarantine if the quarantinable disease or hazardous or toxic agent has affected more than one county and implicates multicounty or statewide public health concerns.  If area quarantine is imposed by the department, a local board of health or local health department may not alter, amend, modify, or rescind the area quarantine order.

b.   Assistance of local boards of health and local health departments.  If area quarantine is imposed by the department, the local boards of health and the local health departments in the affected areas shall assist in the implementation of the area quarantine.

c.   Assistance of law enforcement.  Pursuant to Iowa Code section 135.35, all peace officers of the state shall enforce and execute a lawful department order for area quarantine within their respective jurisdictions.  The department shall take all reasonable measures to minimize the risk of individual exposure of peace officers and others assisting with enforcement of an area quarantine order.

d.   Emergency response, investigation, and decontamination—authority of other agencies.  Emergency response, investigation, and decontamination activities in and around an area quarantine site shall be conducted by law enforcement, fire service, emergency medical service providers, or other appropriate federal, state, or local officials in accordance with federal and state law and accepted procedures and protocols for emergency response, investigation, and decontamination.  This rule shall not be construed to limit the authority of law enforcement, fire service, emergency medical service providers, or other federal, state, or local officials to conduct emergency response, investigation, or decontamination activities to the extent authorized by federal and state law and accepted procedures and protocols.

e.   Penalty.  Pursuant to Iowa Code section 135.38, any individual who knowingly violates a lawful department order for area quarantine, whether written or oral, shall be guilty of a simple misdemeanor.  The court–ordered sentence may include a fine of up to $500 and imprisonment not to exceed 30 days.

f.    Enforcement action.  The department may file a civil action in Polk County District Court to enforce a department order for area quarantine.  Such action shall be filed in accordance with Iowa Rules of Civil Procedure.

These rules are intended to implement Iowa Code Supplement sections 135.140, 135.144, and 139A.2 and Iowa Code sections 135.11(4), 139A.3, 139A.4, 139A.5, 139A.9, 139A.21, 139A.31, 141A.1, 141A.2 and 141A.5.

[Filed November 20, 1970; amended August 31, 1971]

[Filed emergency 8/15/77—published 9/7/77, effective 8/15/77]

[Filed 11/10/77, Notice 10/5/77—published 11/30/77, effective 1/4/78]

[Filed 4/3/81, Notice 2/18/81—published 4/29/81, effective 6/5/81]

[Filed 2/12/82, Notice 10/28/81—published 3/3/82, effective 4/7/82]

[Filed 11/18/83, Notice 8/31/83—published 12/7/83, effective 1/13/84]

[Filed 8/14/85, Notice 4/24/85—published 9/11/85, effective 10/16/85]

[Filed emergency 7/10/87—published 7/29/87, effective 7/10/87]

[Filed 11/17/88, Notice 6/1/88—published 12/14/88, effective 1/18/89]

[Filed 5/10/89, Notice 4/5/89—published 5/31/89, effective 7/5/89]

[Filed 11/9/89, Notice 10/4/89—published 11/29/89, effective 1/3/90]

[Filed 9/24/90, Notice 8/8/90—published 10/17/90, effective 11/21/90]

[Filed 7/17/92, Notice 4/1/92—published 8/5/92, effective 9/9/92]

[Filed 11/6/92, Notice 9/16/92—published 11/25/92, effective 1/1/93]

[Filed 7/16/93, Notice 4/28/93—published 8/4/93, effective 9/8/93]

[Filed emergency 1/11/96 after Notice 11/8/95—published 1/31/96, effective 1/12/96]

[Filed 3/15/96, Notice 1/31/96—published 4/10/96, effective 5/15/96]

[Filed 7/10/98, Notice 5/6/98—published 7/29/98, effective 9/2/98]

[Filed 11/10/98, Notice 9/23/98—published 12/2/98, effective 1/6/99]

[Filed 5/10/01, Notice 4/4/01—published 5/30/01, effective 7/4/01]

[Filed emergency 9/14/01—published 10/3/01, effective 9/14/01]

[Filed 11/19/01, Notice 10/3/01—published 12/12/01, effective 1/16/02]à

[Filed 1/16/04, Notice 12/10/03—published 2/4/04, effective 3/10/04]

[Filed 1/13/05, Notice 11/24/04—published 2/2/05, effective 3/9/05]

[Filed 5/12/05, Notice 3/30/05—published 6/8/05, effective 7/13/05]

[Filed 1/10/07, Notice 11/22/06—published 1/31/07, effective 3/7/07]

[Filed 11/14/07, Notice 10/10/07—published 12/5/07, effective 1/9/08]


àTwo ARCs

chapter 2
HEPATITIS PROGRAMS

 

VIRAL HEPATITIS PROGRAM—VACCINATIONS AND TESTING

641—2.1(135)  Definitions.  For the purpose of these rules, the following definitions shall apply:

“Contracted agencies” means local health departments, clinics, and community–based organizations that are funded by the department to provide HCV testing and vaccination services.

“Department” means the Iowa department of public health.

“HCV” means the hepatitis C virus as defined by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services.

“Viral hepatitis” means inflammation of the liver caused by one of several viruses:  hepatitis A, B, C (formerly non–A, non–B), D and E.

641—2.2(135)  Purpose.  The purpose of the viral hepatitis program shall be to distribute information, offer HCV testing, and offer hepatitis A and B vaccinations to the citizens of this state who are at an increased risk of viral hepatitis exposure.

641—2.3(135)  Exposure risks for hepatitis C virus.  The following individuals are at increased risk of exposure to HCV as outlined by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services.

2.3(1)The following individuals are at high risk of infection:

a.   Injection drug users (IDUs);

b.   Recipients of clotting factors made before 1987; and

c.   Hemodialysis patients.

2.3(2)The following individuals are at intermediate risk of infection:

a.   Recipients of blood or solid organs before 1992;

b.   Persons with undiagnosed liver problems; and

c.   Infants born to HCV–infected mothers.

2.3(3)The following individuals are at low risk of infection:

a.   Health care/public safety workers;

b.   Persons having sex with multiple partners; and

c.   Persons having sex with an HCV–infected steady partner.

641—2.4(135)  Information for public distribution.  The department shall make available educational materials to the public on hepatitis C infection, how to avoid transmitting the virus, and where to seek counseling and testing services.  The information shall be available on the department’s Web site at http://www.idph.state.ia.us/adper/hepatitis.asp and by mail to HIV/AIDS Hepatitis Program, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319.

641—2.5(135)  Hepatitis vaccination and testing program.

2.5(1)When sufficient state and federal funds are available, the department will establish a vaccination and testing program.  The program shall offer HCV testing and hepatitis A and B vaccinations through local health departments, clinics, and community–based organizations to high–risk individuals as defined in 2.5(2) and 2.5(3).  Contracted agencies offering testing and vaccination services shall be required to provide integrated HIV, viral hepatitis, and sexually transmitted disease education; pretest and posttest counseling; and referral services.

2.5(2)Contracted agencies shall offer HCV testing to the following high–risk individuals:

a.   Persons who have ever injected drugs;

b.   Injection drug users who share needles or other equipment;

c.   Persons who receive blood, blood products, or organ transplants prior to 1992; and

d.   Persons ever on long–term hemodialysis.

2.5(3)Contracted agencies shall offer hepatitis A and B vaccinations to the following high–risk individuals:

a.   Injection and noninjection drug users;

b.   Men who have sex with men;

c.   Persons with a diagnosis of a recently acquired sexually transmitted disease (STD);

d.   HIV– or HCV–infected persons; and

e.   Sexual partners of persons infected with HIV, hepatitis A (HAV), or hepatitis B (HBV).

2.5(4)Contracted agencies shall provide individuals presenting for counseling, testing, and referral services and testing positive for hepatitis C educational brochures explaining their potential risk of exposure.

2.5(5)Contracted agencies shall provide individuals testing positive for HCV a referral list of health care providers to aid in seeking additional follow–up testing and other hepatitis–related services.

641—2.6 to 2.8  Reserved.

HEPATITIS C AWARENESS PROGRAM—VETERANS

641—2.9(135)  Definitions.  For the purpose of these rules, the following definitions shall apply:

“Department” means the Iowa department of public health.

“HCV” means the hepatitis C virus as defined by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services.

“Veteran” means an individual meeting the definition contained in Iowa Code section 35.1.

641—2.10(135)  Purpose.  The purpose of the hepatitis C awareness program shall be to distribute information to veterans regarding the higher incidence of hepatitis C exposure and infection among veterans, the dangers presented by the disease, and contact information and referrals.

641—2.11(135)  Awareness materials.  The department shall provide hepatitis awareness materials to veterans through various educational media.

641—2.12(135)  Awareness information.  Information distributed by the department shall contain the following statements:

2.12(1)HCV infection rates for veterans are estimated to be at least three times higher than the general population.

2.12(2)Vietnam veterans experience a higher HCV infection rate than other veteran groups.

2.12(3)Exposure to blood during combat and combat–related medical services poses a risk for HCV infection.

2.12(4)Many veterans currently infected with HCV may have been exposed prior to the development of screening tests.

2.12(5)Symptoms and liver complications associated with chronic hepatitis infection may not appear for decades after initial infection.

641—2.13(135)  Resources for hepatitis follow-up and treatment.  The department shall provide hepatitis resource information to veterans regarding medical follow–up and treatment options.

These rules are intended to implement Iowa Code sections 135.19 and 135.20.

[Filed 11/14/07, Notice 10/10/07—published 12/5/07, effective 1/9/08]

chapter 3
early hearing detection and intervention

641—3.1(80GA,ch102)  Definitions.  For the purposes of this chapter, the following definitions will apply:

“Area education agency” or “AEA” means an intermediate educational unit created by Iowa Code chapter 273.

“Audiologist” means a person licensed pursuant to Iowa Code chapter 147 or certified by the Iowa board of educational examiners pursuant to 282—15.3(272) or a person appropriately licensed in the state where the person practices.

“Birth center” means “birth center” as defined in Iowa Code section 135.61.

“Birthing hospital” means a private or public hospital licensed pursuant to Iowa Code chapter 135B that has a licensed obstetric unit or is licensed to provide obstetric services.

“Department” means the Iowa department of public health.

“Diagnostic audiologic assessment” means physiologic or behavioral procedures completed by an audiologist to evaluate and diagnose hearing loss.

“Discharge” means a release from a hospital to the parent or legal guardian of the child.

“Early ACCESS” means Iowa’s Individuals with Disabilities Education Act (IDEA), Part C, program for infants and toddlers.  It is a statewide, comprehensive, interagency system of integrated early intervention services that supports eligible children and their families as defined in 281—Chapter 120.

“Guardian” means a person who is not the parent of a minor child, but who has legal authority to make decisions regarding life or program issues for the child.  A guardian may be a court or a juvenile court.  “Guardian” does not mean conservator, as defined in Iowa Code section 633.3, although a person who is appointed to be a guardian may also be appointed to be a conservator.

“Hearing loss” means a permanent unilateral or bilateral hearing loss of greater than 30 dB HL in the frequency region important for speech recognition (500–4000 Hz).

“Hearing screening” means a physiological measurement of hearing of a newborn or infant with a “pass” or “refer” result.  Screening is used to determine the newborn’s or infant’s need for further testing and must be performed bilaterally, when applicable.

“Initial screening” means a newborn hearing screening performed during the birth admission for an infant born in a birthing hospital, or the first newborn hearing screening performed on a newborn born in a facility other than a hospital.

“Newborn hearing screening” means a physiological test to separate those newborns with normal hearing from those newborns who may have hearing thresholds of greater than 30 dB HL in either ear in the frequency region important for speech recognition (500–4000 Hz).

“Normal hearing” means hearing thresholds in both ears of 30 dB HL or less in the frequency region important for speech recognition (500–4000 Hz).