Title 25, Mental and Physical Illness or Disability

If any provision of this chapter is determined by the United States government to be in conflict with existing or future requirements of the United States government so as to limit or preclude federal financial participation in medical assistance, the department shall comply with…

As used in this chapter, unless the context otherwise requires: 1. "Confirmatory-diagnostic testing" means testing to prove or disprove the presence of a specific metabolic disease or genetic disease. 2. "Confirmatory-diagnostic testing laboratory" means a laboratory performing c…

The department shall: 1. Develop and implement a metabolic disease and genetic disease educational program among licensed clinicians, hospital staffs, public health nurses, and the citizens of this state. This educational program must include information about the nature of the d…

The department shall adopt rules necessary to implement this chapter.

1. A responsible clinician shall provide the parents and guardians of a newborn written information on the nature of newborn screening and confirmatory-diagnostic testing. The parents or guardians of a newborn may object to screening after receiving the written information. A new…

The department shall: 1. Notify responsible clinicians regarding cases with out-of-range screening results or positive confirmatory-diagnostic testing results in order to facilitate access to appropriate treatment. If the responsible clinician is not a licensed clinician, the res…

A screening and confirmatory-diagnostic testing laboratory may charge fees for necessary services.

Before discharge of a newborn child born in a hospital with a birthing center, the newborn child must receive a pulse oximetry screening for critical congenital heart defects. The screening requirement of this section does not apply if the parents or guardians of a newborn child …

A person that conducts research on blood spots, other specimens, or registry data that is maintained by the department shall follow institutional review board processes for human research which must include obtaining parent or guardian authorization.

In this chapter unless the context or subject matter otherwise requires, "supervising department" means that department, division, board, or office responsible for and exercising supervision, control, and administration over the state hospital, as provided by law.

For the exercise of the duties of general supervision over the institutions subject to the control of the supervising department, the heads of the institutions are responsible to the supervising department.

The supervising department shall devise and install a system of accounting and auditing of all moneys appropriated, received, and expended. Such system must be adapted to the institutions under its control and must be made as nearly uniform as the necessities of the case may perm…

The supervising department shall keep at its office a proper and complete system of books and accounts with each institution under its control which must show every expenditure authorized and made thereat. The book must exhibit an account of each extraordinary or special appropri…

The supervising department shall formulate and furnish to each institution under its control proper blanks and forms for all statements and accounts necessary to furnish the information required of the institution.

The supervising department shall have access to all the state institutions under its management and control and to all books, accounts, vouchers, supplies, and equipment of each of the institutions so that the supervising department may familiarize itself with the conditions, nee…

The supervising department shall make all necessary rules or policies for its own procedure and for the general administration, supervision, and management of the institutions under its control and management.

The supervising department or its duly authorized representative shall visit and inspect the institutions under its administration and control concerning administration, treatment, or finances of such institutions at any time, but shall make such inspection at least twice each ye…

The supervising department, in aid of the investigation of any institution under its control, may summon and compel the attendance of witnesses and examine the same under oath, which any member thereof shall have the power to administer. The supervising department shall have acce…

The supervising department shall cause the testimony taken at any investigation to be transcribed and filed in its office within ten days after the same is taken, or as soon thereafter as practicable. When so filed, the evidence must be open for inspection of any person.

Any person who fails or refuses to obey the orders of the supervising department issued in an investigation of any institution under its control, or to give or produce evidence when required, must be reported by the supervising department to the district court or any judge thereo…

The supervising department shall investigate and report to the governor any abuses or wrongs alleged to exist in the institutions under its control and management.

The supervising department shall keep in its office a record showing: 1. The residence, sex, age, nativity, occupation, religion, civil condition, and date of entrance or commitment of every person, patient, or inmate in the institutions under its control and administration. 2. T…

The managing officer of each institution, within thirty days after the commitment or entrance of a person, patient, or inmate to the institution, shall cause a true copy of the entrance record to be made and forwarded to the office of the supervising department. When a patient or…

The heads of each of the state institutions shall establish as required by the state superintendent a procedure for determining whether a patient under the age of twenty-one years needs a surrogate parent and for assigning such a surrogate parent for the purpose of special educat…

The supervising department under advisement of the state fire marshal shall compel the superintendent of each of the institutions under its control to: 1. Provide at each institution adequate and ready means of protection against fire. 2. Construct proper means of escape for the …

The supervising department, annually on June thirtieth of each year, shall require the superintendent of each institution under its charge to make a complete, minute, and accurate inventory of the stock and supplies on hand, and the amount and value thereof. The inventory must be…

All moneys belonging to the state, derived from any source at any of the institutions under the control of the supervising department, must be accounted for and remitted to the state treasurer not later than the tenth day of each month. The state treasurer shall maintain a specia…

All public property of every kind and all public money in the charge of the superintendent of any institution under the control of the supervising department, or that comes to the superintendent's control on account of the institution under the superintendent's charge, or from th…

Each officer and employee of all state institutions under the management and control of the supervising department shall pay over to the superintendent of the institution without delay any funds which may come into the officer's or employee's hands belonging to any patient of the…

The superintendent of any state institution under the management and control of the supervising department, when the care and custody of any funds belonging to patients of a state institution are by law devolved upon the superintendent, shall keep accurate accounts of these funds…

The money and effects, except clothing, in possession of each patient when committed to any institution under control of the supervising department must be preserved by the superintendent of such institution and returned to such patient when discharged.

At the times and in the manner provided by the office of management and budget, the superintendent shall cause to be prepared triplicate estimates of all expenditures required for the institution. Two of the said triplicate estimates must be sent to the supervising department and…

When the estimates for supplies for the institutions under the control of the supervising department have been certified and revised by the supervising department and bids for the supplies enumerated and described therein have been received and contracts for furnishing the suppli…

The supplies purchased for the institutions under the control of the supervising department must be purchased so as to permit at least thirty days' time to pay therefor. The officer of the institution designated by the supervising department shall require itemized bills to be ren…

The officer of each institution who is designated by the supervising department to have charge of and to be accountable for all the supplies and stores of the institution must be charged therewith at their invoice value, and shall: 1. Direct all purchases of such institution as m…

If it appears that there is a shortage in the supplies of any institution, the supervising department having control of such institution shall appoint a committee to investigate the cause thereof. If it appears that the shortage resulted from unavoidable loss, without the neglige…

An officer designated by the supervising department for each institution under its control shall prepare two monthly statements showing first the payroll and second the expenditures of every kind during the preceding month. Such statement must be signed by the officer, approved b…

When the monthly statement of expenditures of an institution have been audited by the supervising department having control of such institution and found correct, the supervising department shall prepare an abstract, in duplicate, showing the name, residence, and the amount due e…

When the monthly statement of the payroll of an institution has been audited by the supervising department and found correct, the supervising department shall prepare an abstract, in duplicate, showing the name, residence, and the amount due each claimant, and the institution and…

All work for the erection, repair, or improvement of buildings, grounds, or properties under the control of the supervising department must be let by contract, except that the work of patients in such institutions may be utilized if approved by the superintendent of such institut…

No member of the supervising department, nor any employee of any of the same, nor any employee of the institutions under control of the supervising department, may be interested, directly or indirectly, in any contract, purchase, or sale for or on account of any of the institutio…

No member of the supervising department, nor any officer, agent, or employee thereof, and no superintendent, officer, manager, or employee of any of the institutions under the charge and control of the supervising department, directly or indirectly, for that person or to benefit …

Any member of the supervising department and any officer thereof who exerts any improper influence, by solicitation or otherwise, on the superintendent of any institution under the control of the supervising department, in the selection of any employee or assistant, is guilty of …

Any member or officer of the supervising department, or any officer or employee of an institution subject to control of the supervising department, who, by solicitation or otherwise, exerts the person's influence, directly or indirectly, to induce other officers or employees of t…

In addition to the other duties prescribed by law, the supervising department has the following duties and powers: 1. To accept the guardianship of the persons or children who may be committed to its care by courts of competent jurisdiction as neglected, delinquent, dependent, or…

In this chapter, unless the context or subject matter otherwise requires: 1. "Applicant" means an entity that has requested licensure from the department. 2. "Department" means the department of health and human services. 3. "Developmental disability" means a severe, chronic disa…

All individuals with developmental disabilities have a right to appropriate treatment, services, and habilitation for those disabilities. Treatment, services, and habilitation for individuals with a developmental disability must be provided in the least restrictive appropriate se…

An individual with a developmental disability may not be presumed to be incompetent and may not be deprived of any constitutional, civil, or legal right solely because of admission to or residence at an institution, facility, or individualized setting or solely because of receipt…

1. Except as provided in this section, every individual with a developmental disability who resides in an institution, facility, or individualized setting has the right of private, unimpeded, and uncensored communication, including visitation, with persons of the individual's cho…

1. Except as provided in this subsection, every individual with a developmental disability who resides in an institution, facility, or individualized setting must be permitted to receive, possess, and use lawful personal property and must be provided with a secure, convenient, an…