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

Any person committing any of the following acts is guilty of a simple misdemeanor: 1. Knowingly transports or accepts for transportation, interment, or other disposition a dead body without an accompanying permit as provided in this chapter . 2. Refuses to provide information req…

The department shall report cases of alleged violations to the proper county attorney, with a statement of the facts and circumstances, for such action as is appropriate. [C27, 31, 35, 39, § 2434; C46, 50, 54, 58, 62, 66, §144.51; C71, 73, 75, 77, 79, 81, §144.54 ]

Upon request of the department, the attorney general shall assist in the enforcement of the provisions of this chapter . [C24, 27, 31, 35, 39, § 2435; C46, 50, 54, 58, 62, 66, §144.52; C71, 73, 75, 77, 79, 81, §144.55 ]

1. An autopsy or postmortem examination may be performed upon the body of a deceased person by a physician whenever the written consent to the examination or autopsy has been obtained from the person authorized to control the deceased person’s remains under section 144C.5 . 2. Th…

A person who is authorized to pronounce individuals dead is required to inform one of the persons authorized to request an autopsy, as provided in section 144.56 , that an autopsy will be required if the individual who died was a public safety officer who may have died in the lin…

The county recorder is the county registrar and with respect to the county shall: 1. Administer and enforce this chapter and the rules issued by the department. 2. Record and transmit the certificates, reports, or other returns filed with the county registrar to the state registr…

This chapter may be cited as the “Life-sustaining Procedures Act” . 85 Acts, ch 3, §2

1. Any person who willfully conceals, withholds, cancels, destroys, alters, defaces, or obliterates the declaration, out-of-hospital do-not-resuscitate order, or out-of-hospital do-not-resuscitate identifier of another without the declarant’s or patient’s consent or who falsifies…

1. Death resulting from the withholding or withdrawal of life-sustaining procedures pursuant to a declaration or out-of-hospital do-not-resuscitate order and in accordance with this chapter does not, for any purpose, constitute a suicide, homicide, or dependent adult abuse. 2. Th…

A declaration executed prior to April 23, 1992, shall remain valid and shall be given effect in accordance with the then-applicable provisions of this chapter . If a declaration executed prior to April 23, 1992, includes a provision which would not have been given effect under th…

Except as otherwise provided, as used in this chapter : 1. “Adult” means an individual eighteen years of age or older. 2. “Attending physician” means the physician selected by, or assigned to, the patient who has primary responsibility for the treatment and care of the patient. 3…

1. A competent adult may execute a declaration at any time directing that life-sustaining procedures be withheld or withdrawn. The declaration shall be given operative effect only if the declarant’s condition is determined to be terminal and the declarant is not able to make trea…

1. A declaration may be revoked at any time and in any manner by which the declarant is able to communicate the declarant’s intent to revoke, without regard to mental or physical condition. A revocation is only effective as to the attending physician or attending physician assist…

When an attending physician who has been provided with a declaration determines that the declarant is in a terminal condition, this decision must be confirmed by another physician. The attending physician must record that determination in the declarant’s medical record. 85 Acts, …

1. A qualified patient has the right to make decisions regarding use of life-sustaining procedures as long as the qualified patient is able to do so. If a qualified patient is not able to make such decisions, the declaration shall govern decisions regarding use of life-sustaining…

1. Life-sustaining procedures may be withheld or withdrawn from a patient who is in a terminal condition and who is comatose, incompetent, or otherwise physically or mentally incapable of communication and has not made a declaration in accordance with this chapter if there is con…

1. If an attending physician or attending physician assistant issues an out-of-hospital do-not-resuscitate order for an adult patient under this section , the physician shall use the form prescribed pursuant to subsection 2 , include a copy of the order in the patient’s medical r…

1. An attending physician who is unwilling to comply with the requirements of section 144A.5 , or who is unwilling to comply with the declaration of a qualified patient in accordance with section 144A.6 or an out-of-hospital do-not-resuscitate order pursuant to section 144A.7A , …

1. In the absence of actual notice of the revocation of a declaration or of an out-of-hospital do-not-resuscitate order, the following, while acting in accordance with the requirements of this chapter , are not subject to civil or criminal liability or guilty of unprofessional co…

For purposes of this chapter , unless the context otherwise requires: 1. “Attorney in fact” means an individual who is designated by a durable power of attorney for health care as an agent to make health care decisions on behalf of a principal and has consented to act in that cap…

This chapter does not affect the law governing health care treatment in an emergency. 91 Acts, ch 140, §10

1. A health care provider, health care service plan, insurer, self-insured employee welfare benefit plan, or nonprofit hospital plan shall not condition admission to a facility, or the providing of treatment, or insurance, on the requirement that an individual execute a durable p…

1. This chapter does not create a presumption concerning the intention of an individual who has not executed a durable power of attorney for health care and does not impair or supersede any right or responsibility of an individual to consent, refuse to consent, or withdraw consen…

A durable power of attorney for health care authorizes the attorney in fact to make health care decisions for the principal if the durable power of attorney for health care substantially complies with the requirements of this chapter . A document executed prior to May 8, 1991, pu…

1. An attorney in fact shall make health care decisions only if the following requirements are satisfied: a. The durable power of attorney for health care explicitly authorizes the attorney in fact to make health care decisions. b. The durable power of attorney for health care co…

The following individuals shall not be designated as the attorney in fact to make health care decisions under a durable power of attorney for health care: 1. A health care provider attending the principal on the date of execution. 2. An employee of a health care provider attendin…

1. A durable power of attorney for health care executed pursuant to this chapter may, but need not, be in the following form: I hereby designate ................................ as my attorney in fact (my agent) and give to my agent the power to make health care decisions for me.…

1. Unless the district court sitting in equity specifically finds that the attorney in fact is acting in a manner contrary to the wishes of the principal or the durable power of attorney for health care provides otherwise, an attorney in fact who is known to the health care provi…

Except as limited by the durable power of attorney for health care, an attorney in fact has the same right as the principal to receive and review medical records of the principal, and to consent to the disclosure of medical records of the principal when acting pursuant to the dur…

1. A durable power of attorney for health care may be revoked at any time and in any manner by which the principal is able to communicate the intent to revoke, without regard to mental or physical condition. Revocation may be by notifying the attorney in fact orally or in writing…

1. A health care provider is not subject to criminal prosecution, civil liability, or professional disciplinary action if the health care provider relies on a health care decision and both of the following requirements are satisfied: a. The decision is made by an attorney in fact…

This chapter may be cited as the “Final Disposition Act” . 2008 Acts, ch 1051, §6, 22

1. The designee designated in a declaration shall have the sole discretion pursuant to the declaration to determine what final disposition of the declarant’s remains and ceremonies to be performed after the declarant’s death are reasonable under the circumstances. 2. The most rec…

This chapter shall not be construed to authorize the unlicensed practice of mortuary science as provided in chapter 156 . 2008 Acts, ch 1051, §16, 22

As used in this chapter , unless the context otherwise requires: 1. “Adult” means a person who is married or who is eighteen years of age or older. 2. “Adult day services program” means adult day services program as defined in section 231D.1 . 3. “Assisted living program” means a…

1. A declaration shall name a designee who shall have the sole responsibility and discretion for making decisions concerning the final disposition of the declarant’s remains and the ceremonies planned after the declarant’s death. A declaration may name one or more alternate desig…

1. A designee or third party who relies in good faith on a declaration is not subject to civil liability or to criminal prosecution or professional disciplinary action to any greater extent than if the designee or third party dealt directly with the declarant as a fully competent…

1. Except as provided in subsection 4 , the right to control final disposition of a decedent’s remains or to make arrangements for the ceremony after a decedent’s death vests in and devolves upon the following persons who are competent adults at the time of the decedent’s death, …

1. A declaration executed pursuant to this chapter may but need not be in the following form: I hereby designate ........................................ as my designee. My designee shall have the sole responsibility for making decisions concerning the final disposition of my rem…

1. A declaration is revocable by a declarant in a writing signed and dated by the declarant. 2. Unless otherwise expressly provided in a declaration: a. A dissolution of marriage, annulment of marriage, or legal separation between the declarant and the declarant’s spouse that occ…

A designee or person with the authority to control under this chapter shall forfeit all rights and authority under a declaration, or by operation of section 144C.5 , and all rights and authority under the declaration, or by operation of section 144C.5 , shall vest in and devolve …

Unless otherwise expressly provided in a declaration: 1. It is presumed that the declarant intended to have a declaration executed pursuant to this chapter have the full force and effect of law in any state of the United States, the District of Columbia, and any other territorial…

As used in this chapter , unless the context otherwise requires: 1. “Advanced registered nurse practitioner” means an advanced registered nurse practitioner licensed pursuant to chapter 152 or 152E . 2. “Department” means the department of health and human services. 3. “Emergency…

1. The POST form shall be a uniform form based upon the national physician orders for life-sustaining treatment paradigm form. The form shall have all of the following characteristics: a. The form shall include the patient’s name and date of birth. b. The form shall be signed and…

1. A POST form executed in this state or another state or jurisdiction in compliance with the law of that state or jurisdiction shall be deemed valid and enforceable in this state to the extent the form is consistent with the laws of this state, and may be accepted by a health ca…

1. If an individual is a qualified patient as defined in section 144A.2 , the individual’s declaration executed under chapter 144A shall control health care decision making for the individual in accordance with chapter 144A . If an individual has not executed a declaration pursua…