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

1. A person shall not dispense or adapt contact lenses without first receiving authorization to do so by a written, electronic, or facsimile prescription, except when authorized orally under subsection 2 , from a person licensed under chapter 148 or 154 . The board of optometry s…

1. A person shall not dispense or adapt an ophthalmic spectacle lens or lenses without first receiving authorization to do so by a written, electronic, or facsimile prescription from a person licensed under chapter 148 or 154 . For the purpose of this section , “ophthalmic specta…

1. A licensee who allows the license to become inactive or lapsed by failing to renew the license, as provided in section 147.10 , may reactivate the license upon payment of a reactivation fee and compliance with other terms established by board rule. 2. A licensee whose license …

1. A person licensed under the provisions of this subtitle who administers any treatment to any person suffering a gunshot or stab wound or other serious injury, as defined in section 702.18 , which appears to have been received in connection with the commission of a criminal off…

The law enforcement agency who has received any report required by this chapter and who has any reason to believe that the person injured was involved in the commission of any crime, either as perpetrator or victim, shall at once commence an investigation into the circumstances o…

Any person failing to make the report required herein shall be guilty of a simple misdemeanor. [C31, 35, §2537-d3; C39, § 2537.9; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.113 ]

Any person licensed under the provisions of this subtitle who administers any treatment to a person suffering a burn which appears to be of a suspicious nature on the body, a burn to the upper respiratory tract, a laryngeal edema due to the inhalation of super-heated air, or a bu…

1. A person licensed or certified to practice a profession, or a student undertaking a course of instruction or participating in a clinical training or residency program for a profession, shall not perform a pelvic examination on an anesthetized or unconscious patient unless one …

1. The governor shall appoint, subject to confirmation by the senate, a board for each of the professions. The board members shall not be required to be members of professional societies or associations composed of members of their professions. 2. If a person who has been appoint…

The boards provided in section 147.12 shall be designated as follows: 1. For medicine and surgery, osteopathic medicine and surgery, acupuncture, and genetic counseling, the board of medicine. 2. For physician assistants, the board of physician assistants. 3. For psychology, soci…

1. A person shall not be civilly liable as a result of acts, omissions, or decisions made in connection with the person’s service on a peer review committee. However, such immunity from civil liability shall not apply if an act, omission, or decision is made with malice. 2. As us…

1. Except as otherwise provided in subsection 2 , in an action for damages for personal injury against a physician and surgeon, osteopathic physician and surgeon, dentist, podiatric physician, optometrist, pharmacist, chiropractor, physician assistant, or nurse licensed to practi…

1. For purposes of this section: a. “Health care provider” means a hospital as defined in section 135B.1 , a health care facility as defined in section 135C.1 , a health facility as defined in section 135P.1 , a physician or an osteopathic physician licensed under chapter 148 , a…

A consent in writing to any medical or surgical procedure or course of procedures in patient care which meets the requirements of this section shall create a presumption that informed consent was given. A consent in writing meets the requirements of this section if it: 1. Sets fo…

In any action for personal injury or wrongful death against any physician and surgeon, osteopathic physician and surgeon, dentist, podiatric physician, optometrist, pharmacist, chiropractor, physician assistant, or nurse licensed under this chapter or against any hospital license…

If the standard of care given by a health care provider, as defined in section 147.136A , is at issue, the court shall only allow a person the plaintiff designates as an expert witness to qualify as an expert witness and to testify on the issue of the appropriate standard of care…

1. The board members shall consist of the following: a. For medicine, five members licensed to practice medicine and surgery, two members licensed to practice osteopathic medicine and surgery, and three members not licensed to practice either medicine and surgery or osteopathic m…

1. a. In any action for personal injury or wrongful death against a health care provider based upon the alleged negligence in the practice of that profession or occupation or in patient care, which includes a cause of action for which expert testimony is necessary to establish a …

1. As used in this section : a. “Employer” means a person, as defined in chapter 4 , who in this state employs for wages an employee. b. “Mental health professional” means the same as defined in section 228.1 , and includes all of the following: (1) Individuals who are completing…

1. Any board created under this chapter that licenses a prescribing practitioner shall adopt rules under chapter 17A establishing penalties for prescribing practitioners that prescribe opioids in dosage amounts exceeding what would be prescribed by a reasonably prudent prescribin…

1. A health care provider who determines that a patient is a candidate for outpatient surgery based on the patient’s medical status and surgical service needs, and refers the patient to an ambulatory surgical center as an option for the surgery, shall provide the patient with a w…

1. As used in this section : a. “Gender” means the psychological, behavioral, social, and cultural aspects of being male or female. b. “Health care professional” means a person who is licensed, certified, or otherwise authorized or permitted by the law of this state to administer…

The board members shall serve three-year terms, which shall commence and end as provided by section 69.19 . Any vacancy in the membership of a board shall be filled by appointment of the governor subject to senate confirmation. A member shall serve no more than nine years in tota…

1. A person shall not engage in the practice of medicine and surgery, podiatry, osteopathic medicine and surgery, genetic counseling, psychology, chiropractic, physical therapy, physical therapist assisting, nursing, dentistry, dental hygiene, dental assisting, optometry, speech …

The regular state association or society for each profession may recommend the names of potential board members to the governor, but the governor shall not be bound by the recommendations. [S13, §2583-a, -h, 2600-b; C24, 27, 31, 35, 39, § 2457; C46, 50, 54, 58, 62, 66, §147.20; C…

1. The public members of a board shall be allowed to participate in administrative, clerical, or ministerial functions incident to giving the examination, but shall not determine the content of the examination or determine the correctness of the answers. 2. A member of the board …

Each board shall annually select a chairperson and a vice chairperson from its own membership. [C97, §2576, 2585; S13, §2576, 2583-i, 2585, 2600-c; C24, 27, 31, 35, 39, § 2459; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.22 ] 2007 Acts, ch 10, §38 ; 2008 Acts, ch 1088, …

Members of a board shall receive actual expenses for their duties as a member of the board. Each member of each board shall also be eligible to receive compensation as provided in section 7E.6 , within the limits of funds available. [C97, §2574; S13, §2574, 2575-a34, -a44, 2583-a…

1. A board may establish a system to collect, maintain, and disseminate health personnel statistical data regarding board licensees, including but not limited to number of licensees, employment status, location of practice or place of employment, areas of professional specializat…

Each board may maintain a membership in the national organization of the regulatory boards of its profession to be paid from board funds. [C27, 31, 35, §2465-b1; C39, § 2465.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.28 ] 2007 Acts, ch 10, §42 ; 2008 Acts, ch 1088, …

An applicant for a license to practice a profession under this subtitle is not ineligible because of age, citizenship, sex, race, religion, marital status, or national origin, although the application form may require citizenship information. [S13, §2575-a29, -a37, 2583-a, -1, 26…

A dean of a college or university which provides instruction or training in a profession shall supply information or data related to the college or university upon request of a board. [C24, 27, 31, 35, 39, § 2470; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.33 ] 2007 Ac…

1. Each board shall by rule prescribe the examination or examinations required for licensure for the profession and the manner in which an applicant shall complete the examination process. A board may develop and administer the examination, may designate a national, uniform, or o…

Each board may establish rules for any of the following: 1. The qualifications required for applicants seeking to take examinations. 2. The denial of applicants seeking to take examinations. 3. The conducting of examinations. 4. The grading of examinations and passing upon the te…

The identity of the person taking an examination shall not be disclosed during the examination process and in practice the identity of the candidate shall be concealed to the extent possible. [C97, §2576; S13, §2576, 2583-a; C24, 27, 31, 35, 39, § 2474; C46, 50, 54, 58, 62, 66, 7…

A board may refuse to grant a license to practice a profession to any person otherwise qualified upon any of the grounds for which a license may be revoked or suspended. [C97, §2578; S13, §2575-a33, -a41, 2578, 2583-c; C24, 27, 31, 35, 39, § 2441; C46, 50, 54, 58, 62, 66, 71, 73,…

A board may enter into a reciprocal agreement with a licensing authority of another state for the purpose of recognizing licenses issued by the other state, provided that such licensing authority imposes licensure requirements substantially equivalent to those imposed in this sta…

If the requirements for a license in any state with which this state has a reciprocal agreement are changed by any law or rule of the authorities in that state so that such requirements are no longer substantially equivalent to those existing in this state, the agreement shall be…

A board shall, upon presentation of a license to practice a profession issued by the duly constituted authority of another state with which this state has established reciprocal relations, and subject to the rules of the board for such profession, license the applicant to practic…

1. Every license to practice a profession shall be in the form of a certificate under the seal of the board. Such license shall be issued in the name of the board. 2. This section shall not apply to a person who is licensed in another state and recognized for licensure in this st…

Each board entering into a reciprocal agreement shall adopt necessary rules, not inconsistent with law, for carrying out the reciprocal relations with other states which are authorized by this chapter . [C24, 27, 31, 35, 39, § 2490; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81…

A licensee’s license to practice a profession shall be revoked or suspended, or the licensee otherwise disciplined by the board for that profession, when the licensee is guilty of any of the following acts or offenses: 1. Fraud in procuring a license. 2. Professional incompetence…

A person licensed by a board under this subtitle shall not be subject to discipline under this chapter or the board’s enabling statute based solely on the licensee’s recommendation or provision of a treatment method for Lyme disease or other tick-borne disease if the recommendati…

Every license issued under this subtitle shall be presumptive evidence of the right of the holder to practice in this state the profession therein specified. [C97, §2576; S13, §2575-a30, -a38, 2576, 2583-k, 2600-d; C24, 27, 31, 35, 39, § 2443; C46, 50, 54, 58, 62, 66, 71, 73, 75,…

1. A board may require every person licensed by the board to display the license and evidence of current renewal publicly in a manner prescribed by the board. 2. This section shall not apply to a person who is licensed in another state and recognized for licensure in this state p…

Any person licensed to practice a profession under this subtitle may append to the person’s name any recognized title or abbreviation, which the person is entitled to use, to designate the person’s particular profession, but no other person shall assume or use such title or abbre…