Title IV, PUBLIC HEALTH (Ch. 123 - 158)

Any person establishing, conducting, managing, or operating any hospital or rural emergency hospital without a license shall be guilty of a serious misdemeanor, and each day of continuing violation after conviction shall be considered a separate offense. [C50, 54, 58, 62, 66, 71,…

Notwithstanding the existence or pursuit of any other remedy, the department may, in the manner provided by law, maintain an action in the name of the state for an injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduc…

1. This chapter is in addition to and not in conflict with chapter 235 . 2. Provisions of this chapter in conflict with the state building code, as adopted pursuant to section 103A.7 , shall not apply where the state building code has been adopted or when the state building code …

Beginning January 1, 2004, a birthing hospital as defined in section 135.131 shall comply with section 135.131 relating to universal newborn and infant hearing screening. 2003 Acts, ch 102, §2

This subchapter may be cited as the “Pathology and Radiology Services in Hospitals Law” . [C58, 62, 66, 71, 73, 75, 77, 79, 81, §135B.19 ] 2011 Acts, ch 34, §36 ; 2017 Acts, ch 54, §76

The purpose of this chapter is to provide for the development, establishment, and enforcement of basic standards for the care and treatment of individuals in hospitals and rural emergency hospitals and for the construction, maintenance, and operation of such hospitals, which, in …

As used in this subchapter , unless the context otherwise requires: 1. “Doctor” shall mean any person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state. 2. “Employees” as used in section 135B.24 , and “employment” as used in section 135B.…

The ownership, maintenance, and operation of the laboratory and X ray facilities under this subchapter are proper functions of a hospital. [C58, 62, 66, 71, 73, 75, 77, 79, 81, §135B.21 ] 2017 Acts, ch 54, §76 ; 2018 Acts, ch 1041, §43

Pathology and radiology services performed in hospitals are the product of the joint contribution of hospitals, doctors and technicians but these services constitute medical services which must be performed by or under the direction and supervision of a doctor, and no hospital sh…

Each hospital shall arrange for such services and for the direction and supervision of its pathology or radiology department by entering into either an oral or written agreement with a doctor who is a member of or acceptable to the hospital medical staff. Such doctor may or may n…

Unless the department is leased or unless the hospital and doctor mutually agree otherwise, technicians and other personnel, not including doctors, shall be employees of the hospital, subject to the rules of the hospital applicable to employees generally, but under the direction …

The doctor and hospital shall mutually agree upon the employment of any technicians necessary for the proper operation of said department and no technicians shall be dismissed from said employment without the mutual consent of the parties, provided, however, that in the event the…

The contract between the hospital and doctor in charge of the laboratory or X ray facilities may contain any provision for compensation of each upon which they mutually agree. The contract may create the relationship of employer and employee between the hospital and the radiologi…

The hospital admission agreement signed by the patient or the patient’s legal representative shall contain the following statement: Pathology and radiology services are medical services performed or supervised by doctors, and the personnel and facilities are or may be furnished b…

1. The hospital bill shall properly include the charges for pathology and radiology services as long as the name of the doctor is stated and it fairly appears that the charge is for medical services. 2. The hospital bill shall also contain a statement substantially in the followi…

All fees to be charged by the doctors for pathology and radiology services shall be mutually agreed upon by the hospital and the doctor. In the event dispute shall arise between the parties the matter shall be submitted to the joint conference committee for final determination. […

No person or governmental unit, acting severally or jointly with any other person or governmental unit shall establish, conduct, or maintain a hospital or rural emergency hospital in this state without a license. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §135B.3 ] 2023 Acts, …

Fees for radiology and pathology services must be paid for as medical and not hospital services. In all cases where payment is to be made by a corporation organized pursuant to chapter 514 , payment for radiology and pathology services shall be made by a medical service corporati…

This subchapter is not intended and shall not affect in any way the obligation of public hospitals under chapter 347 or municipal hospitals to provide medical care or treatment to patients of certain entitlement, nor the operation by the state of mental or other hospitals authori…

Nothing in this subchapter shall deprive any hospital of its tax exempt or nonprofit status. [C58, 62, 66, 71, 73, 75, 77, 79, 81, §135B.32 ] 2018 Acts, ch 1026, §48

1. Subject to availability of funds, the department of health and human services shall provide technical planning assistance to local boards of health and hospital or rural emergency hospital governing boards to ensure access to such services in rural areas. The department shall …

1. a. Prior to employment of a person in a hospital, the hospital shall do one of the following: (1) Request that the department of public safety perform a criminal history check and the record check evaluation system of the department of health and human services perform child a…

A hospital licensed under this chapter that provides pediatric congenital heart surgery shall do all of the following: 1. Participate in a qualified clinical data registry for thoracic surgery by providing all pediatric congenital heart surgery data required and consenting to pub…

1. The department shall adopt rules pursuant to chapter 17A to establish minimum standards for the licensure of rural emergency hospitals consistent with the federal Consolidated Appropriations Act , Pub. L. No. 116-260, §125 , and with regulations issued by the United States sec…

Licenses shall be obtained from the department. Applications shall be upon forms and shall contain information as the department may reasonably require, which may include affirmative evidence of ability to comply with reasonable standards and rules prescribed under this chapter .…

1. The department may adopt rules pursuant to chapter 17A to establish minimum standards for the licensure of children’s specialty hospitals. Rules adopted pursuant to this section shall be formulated in consultation with the director of health and human services or the director’…

1. Upon receipt of an application for license and the license fee, the department shall issue a license if the applicant and hospital facilities comply with this chapter , chapter 135 , and the rules of the department. Each licensee shall receive annual reapproval upon payment of…

1. A conversion of a long-term acute care hospital, rehabilitation hospital, or psychiatric hospital as defined by federal regulations to a general hospital or to a specialty hospital of a different type is a permanent change in bed capacity and shall require a certificate of nee…

1. The department may deny, suspend, or revoke a license in any case where it finds that there has been a substantial failure to comply with this chapter or the rules or minimum standards adopted pursuant to this chapter . 2. A denial, suspension, or revocation shall be effected …

1. a. The department shall adopt rules setting out the standards for the different types of hospitals and for rural emergency hospitals to be licensed under this chapter . The department shall enforce the rules. b. Rules or standards shall not be adopted or enforced which would h…

The department shall adopt rules that require hospitals and rural emergency hospitals to establish procedures for authentication of all verbal orders by a practitioner within a period not to exceed thirty days following a patient’s discharge. 2001 Acts, ch 93, §1 ; 2007 Acts, ch …

Any hospital or rural emergency hospital which is in operation at the time of promulgation of any applicable rules or minimum standards under this chapter shall be given a reasonable time, not to exceed one year from the date of such promulgation, within which to comply with such…

1. The department shall make or cause to be made inspections as it deems necessary in order to determine compliance with applicable rules. Hospital and rural emergency hospital inspectors shall meet the following qualifications: a. Be free of conflicts of interest. A hospital or …