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

1. The director may, consistent with the comprehensive substance use disorder program, enter into written agreements with a facility as defined in section 125.2 to pay for one hundred percent of the cost of the care, maintenance, and treatment of persons with a substance use diso…

Prior to filing an application pursuant to section 125.75 , the clerk of the district court or the clerk’s designee shall inform the interested person referred to in section 125.75 about the option of requesting a preapplication screening assessment through a preapplication scree…

1. a. Proceedings for the involuntary commitment or treatment of a person with a substance use disorder to a facility pursuant to this chapter or for the involuntary hospitalization of a person pursuant to chapter 229 may be commenced by any interested person by filing a verified…

The juvenile court has exclusive original jurisdiction in proceedings concerning a minor for whom an application is filed under section 125.75 . In proceedings under this subchapter concerning a minor’s involuntary commitment or treatment, the term “court” , “judge” , or “clerk” …

The applicant, if not the county attorney, may apply for the appointment of counsel if financially unable to employ an attorney to assist the applicant in presenting evidence in support of the application for commitment. If the applicant applies for the appointment of counsel, th…

Upon the filing of an application pursuant to section 125.75 , the clerk shall docket the case and immediately notify a magistrate who is admitted to the practice of law in this state, who shall review the application and accompanying documentation. The clerk shall send copies of…

As soon as practical after the filing of an application pursuant to section 125.75 , the court shall: 1. Determine whether the respondent has an attorney who is able and willing to represent the respondent in the commitment proceeding, and if not, whether the respondent is financ…

The court shall direct the clerk to furnish at once to the respondent’s attorney, copies of the application pursuant to section 125.75 and the supporting documentation, and of the court’s order issued pursuant to section 125.78, subsection 3 . If the respondent is taken into cust…

1. a. An examination of the respondent shall be conducted within a reasonable time and prior to the commitment hearing by one or more licensed physicians and surgeons or osteopathic physicians and surgeons or mental health professionals as required by the court’s order. If the re…

1. If a person filing an application requests that a respondent be taken into immediate custody, and the court upon reviewing the application and accompanying documentation, finds probable cause to believe that the respondent is a person with a substance use disorder who is likel…

1. At a commitment hearing, evidence in support of the contentions made in the application may be presented by the applicant, or by an attorney for the applicant, or by the county attorney. During the hearing, the applicant and the respondent shall be afforded an opportunity to t…

If upon completion of the commitment hearing, the court finds that the contention that the respondent is a person with a substance use disorder has been sustained by clear and convincing evidence, the court shall order the respondent placed at a facility or under the care of a su…

1. If upon completion of the commitment hearing, the court finds that the contention that the respondent is a person with a substance use disorder has been sustained by clear and convincing evidence, and the court is furnished evidence that the respondent is eligible for care and…

The facility administrator’s report to the court of the chief medical officer’s substance use disorder evaluation of the respondent shall be made no later than the expiration of the time specified in section 125.83 . At least two copies of the report shall be filed with the clerk…

1. A respondent committed under section 125.84, subsection 2 , shall remain in the custody of a facility for treatment for a period of thirty days, unless sooner discharged. The department is not required to pay the cost of any medication or procedure provided to the respondent d…

1. No more than thirty days after entry of a court order for commitment to a facility under section 125.84, subsection 2 , and thereafter at successive intervals not to exceed ninety days for as long as involuntary commitment of the respondent continues, the administrator of the …

If a respondent appeals to the supreme court from a lower court’s finding that commitment is warranted, the respondent shall remain committed if already in custody, pursuant to an order of immediate custody under section 125.81 or pursuant to an order for evaluation and treatment…

If a court directs a respondent who was previously ordered taken into immediate custody under section 125.81 to be placed at a facility for evaluation and appropriate treatment under section 125.83 , and no suitable facility can immediately admit the respondent, the respondent sh…

1. If a court orders a respondent placed at a facility for evaluation and treatment under section 125.83 at a time when the respondent has been convicted of a public offense, or when there is pending against the respondent an unresolved formal charge of a public offense, and the …

Judicial hospitalization referees shall be utilized as provided in section 229.21 for performing the duties of the court prescribed by this subchapter . [C79, 81, §229.51(3) ; 82 Acts, ch 1212, §18 ] 2017 Acts, ch 54, §76 Referred to in §229.21

1. The procedure prescribed by this section shall only be used for a person with a substance use disorder due to intoxication or substance-induced incapacitation who has threatened, attempted, or inflicted physical self-harm or harm on another, and is likely to inflict physical s…

A person who is detained, taken into immediate custody, or committed under this subchapter has the right to: 1. Prompt evaluation, emergency services, and care and treatment as indicated by sound clinical practice. 2. Render informed consent, except for treatment provided pursuan…

Records of the identity, diagnosis, prognosis, or treatment of a person which are maintained in connection with the provision of substance use disorder treatment services are confidential, consistent with federal confidentiality regulations authorized by the federal Comprehensive…

The supreme court may prescribe rules of pleading, practice, and procedure and the forms of process, writs, and notices under section 602.4201 , for all commitment proceedings in a court of this state under this chapter . The rules shall be drawn for the purpose of simplifying an…

This chapter may be cited as the “Iowa Drug, Device, and Cosmetic Act” . 89 Acts, ch 197, §1 CS89, §203B.1 C93, §126.1

1. A drug or device is misbranded under any of the following circumstances: a. If its labeling is false or misleading in any particular. b. (1) If in a package form unless it bears a label containing both of the following: (a) The name and place of business of the manufacturer, p…

1. The board shall adopt rules exempting from any labeling or packaging requirement of this chapter drugs and devices which are, in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantities at establishments other than those where …

1. A person shall not sell, deliver, offer for sale, hold for sale, or give away a new drug unless both of the following apply: a. An application with respect to the new drug has been approved and the approval has not been withdrawn under section 505 of the federal Act. b. A copy…

A cosmetic is adulterated if any of the following apply: 1. a. It bears or contains a poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in its labeling or under customary or usual conditions of use. However, this does…

1. A cosmetic is misbranded if any of the following apply: a. Its labeling is false or misleading in any particular. b. If in package form unless it bears a label containing both of the following: (1) The name and place of business of the manufacturer, packer, or distributor. (2)…

1. The advertising of a drug, device, or cosmetic is false if it is false or misleading in any particular. 2. For the purpose of this chapter , advertising is false if it represents a drug, device, or cosmetic to have any effect in the diagnosis, prevention, or treatment of arthr…

1. The board may adopt rules pursuant to chapter 17A for the efficient enforcement of this chapter . The board may make the rules adopted under this chapter conform, insofar as practicable, with those regulations adopted pursuant to the federal Act. 2. Hearings authorized or requ…

1. a. For purposes of enforcement of this chapter , the board or any of its authorized agents, upon presenting appropriate credentials to the owner, operator, or agent in charge, may do both of the following: (1) Enter at reasonable times any factory, warehouse, or other establis…

1. The board may cause to be published from time to time reports summarizing all judgments, decrees, and court orders which have been rendered under this chapter , including the nature of the charges and their disposition. 2. The board may also cause to be disseminated informatio…

As used in this chapter , unless the context otherwise requires: 1. “Advertising” means any representation disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase of drugs,…

This chapter does not apply to the Iowa Commercial Feed Law of 1974 under chapter 198 or to administrative rules adopted pursuant to chapter 198 . 89 Acts, ch 197, §19 CS89, §203B.20 C93, §126.20

This chapter does not apply to drugs intended for use for animals and not for humans. 89 Acts, ch 197, §20 CS89, §203B.21 C93, §126.21

1. Unlawful possession. Any person who possesses nitrous oxide or any substance containing nitrous oxide, with the intent to breathe, inhale, or ingest for the purpose of causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses, or…

1. Unlawful possession. Any person who possesses gamma-hydroxybutyrate (also known as gamma-hydroxybutyric acid, or GHB), or any substance containing gamma-hydroxybutyrate, commits an aggravated misdemeanor. This subsection shall not apply to any person who obtains or possesses g…

1. a. A retailer or an employee of a retailer shall not do any of the following: (1) Sell more than seven thousand five hundred milligrams of pseudoephedrine to the same person within a thirty-day period. (2) Knowingly sell more than one package of a product containing pseudoephe…

1. A city or a county may enforce section 126.23A , after giving the retailer an opportunity to be heard upon ten days’ written notice by restricted certified mail stating the alleged violation and the time and place at which the retailer may appear and be heard. 2. For a violati…

The provisions of this chapter regarding the selling of drugs, devices, or cosmetics are applicable to the manufacture, production, processing, packaging, exposure, offer, possession, and holding of any such article for sale; and the sale, dispensing, and giving of any such artic…

The following acts and the causing of the acts within this state are unlawful: 1. The introduction or delivery for introduction into commerce of any drug, device, or cosmetic that is adulterated or misbranded. 2. The adulteration or misbranding of any drug, device, or cosmetic in…

The board may apply to the district court for, and the court has jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction restraining any person from violating any provision of section 126.3 whether or not there exists an adequate remedy at law.…

1. A person who violates a provision of this chapter , other than a violation of section 126.3, subsection 23 , is guilty of a serious misdemeanor; but if the violation is committed after a conviction of the person under this section has become final, the person is guilty of an a…

1. If a duly authorized agent of the board finds, or has probable cause to believe, that a drug, device, or cosmetic is adulterated or so misbranded as to be dangerous or fraudulent, within the meaning of this chapter , or is in violation of section 126.12 , the agent shall affix…