Terms Used In Iowa Code > Chapter 6B - Procedure Under Eminent Domain

• Abortion: means the termination of a human pregnancy with the intent other than to produce a live birth or to remove a dead fetus. See Iowa Code 146C.1
• Accredited veterinarian: means a veterinarian who is licensed by the state in which the veterinarian practices, is approved by the department of agriculture and land stewardship or the livestock sanitary authority of that state, and is accredited by the United States department of agriculture. See Iowa Code 163A.1
• acquiring agency: means the state of Iowa or any person or entity conferred the right by statute to condemn private property or to otherwise exercise the power of eminent domain. See Iowa Code 6B.1
• Adequate water: means reasonable access to a supply of clean, fresh, potable water provided in a sanitary manner or provided at suitable intervals for the species and not to exceed twenty-four hours at any interval. See Iowa Code 162.2
• Adult: means a person who is married or who is eighteen years of age or older. See Iowa Code 144C.2
• Advanced practice registered nurse licensure and practice requirements: means the regulatory mechanism used by a party state to grant legal authority to practice as an advanced practice registered nurse. See Iowa Code 152E.3
• Advanced practice registered nurse uniform license or authority to practice requirements: means those minimum uniform licensure, education, and examination requirements as agreed to by the compact administrators and adopted by licensing boards for the recognized advanced practice registered nurse role and title. See Iowa Code 152E.3
• Advanced registered nurse practitioner: means an advanced registered nurse practitioner licensed pursuant to chapter 152 or 152E. See Iowa Code 144D.1
• Adverse action: means a home or remote state action. See Iowa Code 152E.3
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affiliated: means established or developed by the college of medicine. See Iowa Code 148D.1
• Aftercare assistance: means any assistance provided by a lay caregiver to a patient following discharge of the patient that involves tasks directly related to the patient's condition at the time of discharge, does not require a licensed professional, and is determined to be appropriate by the patient's discharging physician or other licensed health care professional. See Iowa Code 144F.1
• Alternative program: means a voluntary, nondisciplinary monitoring program approved by a nurse licensing board. See Iowa Code 152E.3
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Animal: means a nonhuman vertebrate. See Iowa Code 164.1
• Animal shelter: means a facility which is used to house or contain dogs or cats, or both, and which is owned, operated, or maintained by an incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of such animals. See Iowa Code 162.2
• Animal warden: means any person employed, contracted, or appointed by the state, municipal corporation, or any political subdivision of the state, for the purpose of aiding in the enforcement of the provisions of this chapter or any other law or ordinance relating to the licensing of animals, control of animals or seizure and impoundment of animals and includes any peace officer, animal control officer, or other employee whose duties in whole or in part include assignments which involve the seizure or taking into custody of any animal. See Iowa Code 162.2
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Applicant: means a person authorized to regularly lend moneys to be secured by a mortgage on real property in this state, a licensed real estate broker, a licensed attorney, a participating abstractor, or a licensed closing agent. See Iowa Code 16.92
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Area hospital: means a hospital established and operated by a merged area. See Iowa Code 145A.2
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Assisted living program: means an assisted living program under chapter 231C. See Iowa Code 144C.2
• Athlete: means a person who participates in a sanctioned amateur or professional sport or other recreational sports activity. See Iowa Code 152D.1
• Athletic trainer: means a person licensed under this chapter to practice athletic training under the direction of a licensed physician. See Iowa Code 152D.1
• athletic training: includes the organization and administration of educational programs and athletic facilities, and the education and counseling of the public on matters relating to athletic training. See Iowa Code 152D.1
• Audiologist: means a person who engages in the practice of audiology. See Iowa Code 154F.1
• Authorization: means a state license, certificate of registration, or permit issued or renewed by the department to a commercial establishment as provided in section 162. See Iowa Code 162.2
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: means the board of hearing aid specialists. See Iowa Code 154A.1
• board: means the board of optometry created under chapter 147. See Iowa Code 154.1
• board: means the board of chiropractic created under chapter 147. See Iowa Code 151.1A
• Board: means the Iowa grain indemnity fund board created in section 203D. See Iowa Code 203D.1
• board: means the dental board created under chapter 147. See Iowa Code 153.12
• Board: means the board of social work established in chapter 147. See Iowa Code 154C.1
• board: means the board of physical and occupational therapy created under chapter 147. See Iowa Code 148A.1
• Board: means the board of podiatry, created under chapter 147. See Iowa Code 149.1
• Board: means the board of trustees of an area hospital. See Iowa Code 145A.2
• Board: means the board of massage therapy created under chapter 147. See Iowa Code 152C.1
• Board: means the board of athletic training created under chapter 147. See Iowa Code 152D.1
• Board: means the board of hearing aid specialists. See Iowa Code 154A.1
• Board: means the board of speech pathology and audiology established pursuant to section 147. See Iowa Code 154F.1
• Board: means the board of mortuary science. See Iowa Code 156.1
• board: means the board of medicine established in chapter 147. See Iowa Code 148.2A
• Board: means the board of physical and occupational therapy created under chapter 147. See Iowa Code 148B.2
• Board: means the board of respiratory care and polysomnography established in chapter 147. See Iowa Code 148G.1
• Board: means the board of psychology created under chapter 147. See Iowa Code 154B.1
• Board: means the board of behavioral science established in chapter 147. See Iowa Code 154D.1
• Boarding kennel: means a place or establishment other than a pound or animal shelter where dogs or cats not owned by the proprietor are sheltered, fed, and watered in return for a consideration. See Iowa Code 162.2
• Bovine animal: means bison or cattle. See Iowa Code 164.1
• Brucellosis: means the disease wherein an animal of the porcine species is infected with brucella microorganisms irrespective of the occurrence or absence of clinical symptoms of infectious abortion. See Iowa Code 163A.1
• Brucellosis test: means the test for brucellosis which is approved by the department and administered in accordance with the techniques approved by the department. See Iowa Code 163A.1
• Categorization: means a preliminary determination by the department that a hospital or emergency care facility is capable of providing trauma care in accordance with criteria adopted pursuant to chapter 17A for level I, II, III, and IV care capabilities. See Iowa Code 147A.21
• Ceremony: means a formal act or set of formal acts established by custom or authority to commemorate a decedent. See Iowa Code 144C.2
• certificate: means the same as defined in section 163. See Iowa Code 163A.1
• certificate: means the same as defined in section 163. See Iowa Code 164.1
• certificate: means the same as defined in section 163. See Iowa Code 165.1A
• Certifying entity: means the behavior analyst certification board or another entity whose programs to certify professional practitioners of applied behavior analysis are accredited by the national commission for certifying agencies or the American national standards institute. See Iowa Code 154D.1
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Child: includes child by adoption. See Iowa Code 4.1
• Child: means a son or daughter of a person, whether by birth or adoption. See Iowa Code 144C.2
• City: means a municipal corporation, but not including a county, township, school district, or any special-purpose district or authority. See Iowa Code 172D.1
• Class free state: means there has been no known brucellosis in bovine animals for a period of twelve months. See Iowa Code 164.1
• clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
• Collaborative practice agreement: means a written agreement between a prescribing psychologist and a licensed physician that establishes clinical protocols, practice guidelines, and care plans relevant to the scope of the collaborative practice. See Iowa Code 154B.1
• Collaborative relationship: means a cooperative working relationship between a prescribing psychologist or a psychologist with a conditional prescription certificate and a licensed physician in the provision of patient care, including diagnosis and cooperation in the management and delivery of physical and mental health care. See Iowa Code 154B.1
• College of medicine: means the university of Iowa college of medicine. See Iowa Code 148D.1
• Commercial breeder: means a person, engaged in the business of breeding dogs or cats, who sells, exchanges, or leases dogs or cats in return for consideration, or who offers to do so, whether or not the animals are raised, trained, groomed, or boarded by the person. See Iowa Code 162.2
• Commercial kennel: means a kennel which performs grooming, boarding, or training services for dogs or cats in return for a consideration. See Iowa Code 162.2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conditional prescription certificate: means a document issued by the board to a licensed psychologist that permits the holder to prescribe psychotropic medication under the supervision of a licensed physician pursuant to this chapter. See Iowa Code 154B.1
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Coordinated licensure information system: means an integrated process for collecting, storing, and sharing information on advanced practice registered nurse licensure or authority to practice and enforcement activities related to advanced practice registered nurse license or authority to practice laws, which is administered by a nonprofit organization composed of and controlled by state licensing boards. See Iowa Code 152E.3
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Cremation: means the technical process, using heat and flame, that reduces human remains to bone fragments. See Iowa Code 156.1
• Cremation establishment: means a place of business as defined by the board which provides any aspect of cremation services. See Iowa Code 156.1
• Current significant investigative information: means either of the following:
   (1) Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the advanced practice registered nurse to respond if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction. See Iowa Code 152E.3
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means any person who is engaged in the business of buying for resale or selling or exchanging dogs or cats, or both, as a principal or agent, or who claims to be so engaged. See Iowa Code 162.2
• Decedent: A deceased person.
• Decedent: means a deceased adult. See Iowa Code 144C.2
• Declarant: means a competent adult who executes a declaration pursuant to this chapter. See Iowa Code 144C.2
• Declaration: means a written instrument that is executed by a declarant in accordance with the requirements of this chapter, and that names 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. See Iowa Code 144C.2
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Iowa department of public health. See Iowa Code 154A.1
• Department: means the department of agriculture and land stewardship. See Iowa Code 162.2
• Department: means the department of public health. See Iowa Code 144D.1
• Department: means the Iowa department of public health. See Iowa Code 154A.1
• Department: means the department of environmental quality in a reference to a time before July 1, 1983, the department of water, air and waste management in a reference to a time on or after July 1, 1983, and through June 30, 1986, and the department of natural resources on or after July 1, 1986, and includes any officer or agency within that department. See Iowa Code 172D.1
• Department: means the Iowa department of public health. See Iowa Code 147A.1
• Department: means the department of agriculture and land stewardship. See Iowa Code 164.1
• Department: means the department of agriculture and land stewardship. See Iowa Code 165.1A
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Designated animal: means a bovine animal or any other species of animal that the department by rule determines is capable of carrying and spreading brucellosis, including elk or goats. See Iowa Code 164.1
• Designee: means a competent adult designated under a declaration 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. See Iowa Code 144C.2
• Direct supervision: means that the respiratory care and polysomnography practitioner or the polysomnographic technologist providing supervision must be present where the polysomnographic procedure is being performed and immediately available to furnish assistance and direction throughout the performance of the procedure. See Iowa Code 148G.1
• Director: means the director of the Iowa department of public health. See Iowa Code 147A.1
• Discharge: means the exit or release of a patient from inpatient care in a hospital to the residence of the patient. See Iowa Code 144F.1
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division: means the Iowa title guaranty division in the authority, the director of the division, or a designee of the director. See Iowa Code 16.92
• Drainage: shall be deemed to include in its meaning soil erosion and flood control or any combination of drainage, flood control, and soil erosion control. See Iowa Code 161F.6
• Elder group home: means elder group home as defined in section 231B. See Iowa Code 144C.2
• Eligible patient: means an individual who meets all of the following conditions:
   a. See Iowa Code 144E.2
• Emergency care facility: means a physician's office, clinic, or other health care center which provides emergency medical care in conjunction with other primary care services. See Iowa Code 147A.21
• Emergency medical care: means such medical procedures as:
   a. See Iowa Code 147A.1
• Emergency medical care provider: means emergency medical care provider as defined in section 147A. See Iowa Code 144D.1
• Emergency medical care provider: means an individual trained to provide emergency and nonemergency medical care at the emergency medical responder, emergency medical technician, advanced emergency medical technician, paramedic, or other certification levels adopted by rule by the department, who has been issued a certificate by the department, or a person practicing pursuant to chapter 147D. See Iowa Code 147A.1
• Emergency medical services medical director: means a physician licensed under chapter 148, who is responsible for overall medical direction of an emergency medical services program and who has completed a medical director workshop, sponsored by the department, within one year of assuming duties. See Iowa Code 147A.1
• EMS: means an integrated medical care delivery system to provide emergency and nonemergency medical care at the scene or during out-of-hospital patient transportation in an ambulance. See Iowa Code 147A.1
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• establishment: means an animal shelter, boarding kennel, commercial breeder, commercial kennel, dealer, pet shop, pound, public auction, or research facility. See Iowa Code 162.2
• Euthanasia: means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent which causes painless loss of consciousness, and death during the loss of consciousness. See Iowa Code 162.2
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Facility: means a health care facility as defined in section 135C. See Iowa Code 144F.1
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Family practice unit: means the community facility or classroom for the teaching of ambulatory health care skills within a residency program. See Iowa Code 148D.1
• Federal license: means a license issued by the United States department of agriculture to a person classified as a dealer or exhibitor pursuant to the federal Animal Welfare Act. See Iowa Code 162.2
• Federal licensee: means a person to whom a federal license as a dealer or exhibitor is issued. See Iowa Code 162.2
• Feedlot: means a lot, yard, corral, or other area in which livestock are confined, primarily for the purposes of feeding and growth prior to slaughter. See Iowa Code 172D.1
• Fetal heartbeat: means cardiac activity, the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac. See Iowa Code 146C.1
• Fiduciary: A trustee, executor, or administrator.
• Final disposition: means the burial, interment, cremation, removal from the state, or other disposition of remains. See Iowa Code 144C.2
• First responder: means an emergency medical care provider, a registered nurse staffing an authorized service program under section 147A. See Iowa Code 147A.1
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
• Fraud: Intentional deception resulting in injury to another.
• Fund: means the grain depositors and sellers indemnity fund created in section 203D. See Iowa Code 203D.1
• Funeral director: means a person licensed by the board to practice mortuary science. See Iowa Code 156.1
• Funeral establishment: means a place of business as defined by the board devoted to providing any aspect of mortuary science. See Iowa Code 156.1
• General supervision: means that the polysomnographic procedure is provided under a physician's or qualified health care professional prescriber's overall direction and control, but the physician's or qualified health care professional prescriber's presence is not required during the performance of the procedure. See Iowa Code 148G.1
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health care facility: means health care facility as defined in section 135C. See Iowa Code 144D.1
• Health care facility: means health care facility as defined in section 135C. See Iowa Code 144C.2
• Health care provider: means an individual, including an emergency medical care provider and an individual providing home and community-based services, and including a home health agency, licensed, certified, or otherwise authorized or permitted by the law of this state to administer health care in the ordinary course of business or in the practice of a profession. See Iowa Code 144D.1
• Health care provider: means health care provider as defined in section 144A. See Iowa Code 144C.2
• Hearing aid: means a wearable instrument or device designed for or offered for the purpose of aiding or compensating for human hearing disorders, and any parts, attachments, or accessories, including earmold, but excluding batteries and cords. See Iowa Code 154A.1
• Hearing aid: means a wearable instrument or device designed for or offered for the purpose of aiding or compensating for human hearing disorders, and any parts, attachments, or accessories, including earmold, but excluding batteries and cords. See Iowa Code 154A.1
• Hearing aid specialist: means any person engaged in the fitting, dispensing, and sale of hearing aids and providing hearing aid services or maintenance, by means of procedures stipulated by this chapter or the board. See Iowa Code 154A.1
• Hearing aid specialist: means any person engaged in the fitting, dispensing, and sale of hearing aids and providing hearing aid services or maintenance, by means of procedures stipulated by this chapter or the board. See Iowa Code 154A.1
• Home health agency: means home health agency as defined in 42 C. See Iowa Code 144D.1
• Home state: means the party state that is the advanced practice registered nurse's primary state of residence. See Iowa Code 152E.3
• Hospital: means a licensed hospital as defined in section 135B. See Iowa Code 144F.1
• Hospital: means a facility licensed under chapter 135B, or a comparable emergency care facility located and licensed in another state. See Iowa Code 147A.21
• Hospital: means hospital as defined in section 135B. See Iowa Code 144D.1
• Hospital: means hospital as defined in section 135B. See Iowa Code 144C.2
• Housing facilities: means any room, building, or area used to contain a primary enclosure or enclosures. See Iowa Code 162.2
• Human foot: means the ankle and soft tissue which insert into the foot as well as the foot. See Iowa Code 149.1
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intellectual disability: means a diagnosis of intellectual disability or intellectual developmental disorder, global developmental delay, or unspecified intellectual disability or intellectual developmental disorder which diagnosis shall be made only when the onset of the person's condition was during the developmental period and based on an assessment of the person's intellectual functioning and level of adaptive skills. See Iowa Code 4.1
• Internet: means the federated international system that is composed of allied electronic communication networks linked by telecommunication channels, that uses standardized protocols, and that facilitates electronic communication services, including but not limited to use of the world wide web; the transmission of electronic mail or messages; the transfer of files and data or other electronic information; and the transmission of voice, image, and video. See Iowa Code 4.1
• Internet site: means a specific location on the internet that is determined by internet protocol numbers, by a domain name, or by both, including but not limited to domain names that use the designations ". See Iowa Code 4.1
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Intestate: Dying without leaving a will.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Jurisprudence: The study of law and the structure of the legal system.
• Landowner: means a person who holds an interest in land, including a titleholder or tenant. See Iowa Code 169C.1
• Lay caregiver: means an individual, eighteen years of age or older, who is designated as a lay caregiver under this chapter by a patient or the patient's legal representative, and who is willing and able to perform aftercare assistance for the patient at the patient's residence following discharge. See Iowa Code 144F.1
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legal representative: means , in order of priority, an attorney in fact under a durable power of attorney for health care pursuant to chapter 144B or, if no durable power of attorney for health care has been executed pursuant to chapter 144B or if the attorney in fact is unavailable, a legal guardian appointed pursuant to chapter 232D or 633. See Iowa Code 144F.1
• Legal representative: means an individual authorized to execute a POST form on behalf of a patient who is not competent to do so, in the order of priority set out in section 144A. See Iowa Code 144D.1
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means a license issued by the state under this chapter to a hearing aid specialist. See Iowa Code 154A.1
• License: means a license issued by the state under this chapter to a hearing aid specialist. See Iowa Code 154A.1
• Licensed assistant behavior analyst: means a person licensed to practice applied behavior analysis under the supervision of a licensed behavior analyst under chapter 147 and this chapter. See Iowa Code 154D.1
• Licensed behavior analyst: means a person licensed to practice applied behavior analysis under chapter 147 and this chapter. See Iowa Code 154D.1
• Licensed health care professional: means the same as defined in section 280. See Iowa Code 147A.1
• Licensed hospice program: means a licensed hospice program as defined in section 135J. See Iowa Code 144C.2
• Licensed marital and family therapist: means a person licensed to practice marital and family therapy under chapter 147 and this chapter. See Iowa Code 154D.1
• Licensed mental health counselor: means a person licensed to practice mental health counseling under chapter 147 and this chapter. See Iowa Code 154D.1
• Licensee: means a person licensed to practice social work. See Iowa Code 154C.1
• Licensee: means a licensed grain dealer or licensed warehouse operator. See Iowa Code 203D.1
• Licensee: includes a licensed marital and family therapist and a licensed mental health counselor. See Iowa Code 154D.1
• Licensing board: means a party state's regulatory body responsible for advanced practice registered nurse licensure or authority to practice. See Iowa Code 152E.3
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Livestock: means cattle, sheep, swine, ostriches, rheas, emus, poultry, and other animals or fowl, which are being produced primarily for use as food or food products for human consumption. See Iowa Code 172D.1
• Loss: means the amount of a claim held by a seller or depositor against a grain dealer or warehouse operator which has not been recovered through other legal and equitable remedies including the liquidation of assets. See Iowa Code 203D.1
• Maintenance: means the provision of shelter, food, water, or a nutritional formulation as required pursuant to chapter 717. See Iowa Code 169C.1
• Marital and family therapy: means the application of counseling techniques in the assessment and resolution of emotional conditions. See Iowa Code 154D.1
• Massage therapist: means a person licensed to practice the health care service of the healing art of massage therapy under this chapter. See Iowa Code 152C.1
• Massage therapy: means performance for compensation of massage, myotherapy, massotherapy, bodywork, bodywork therapy, or therapeutic massage including hydrotherapy, superficial hot and cold applications, vibration and topical applications, or other therapy which involves manipulation of the muscle and connective tissue of the body, excluding osseous tissue, to treat the muscle tonus system for the purpose of enhancing health, muscle relaxation, increasing range of motion, reducing stress, relieving pain, or improving circulation. See Iowa Code 152C.1
• Medical emergency: means the same as defined in section 146A. See Iowa Code 146C.1
• medical profession: means medical and osteopathic physicians. See Iowa Code 148D.1
• Medically necessary: means any of the following:
   a. See Iowa Code 146C.1
• Mental health counseling: means the provision of counseling services involving assessment, referral, consultation, and the application of counseling, human development principles, learning theory, group dynamics, and the etiology of maladjustment and dysfunctional behavior to individuals, families, and groups. See Iowa Code 154D.1
• Merged area: means a public corporation formed by the residents of two or more contiguous or noncontiguous political subdivisions which have merged resources to establish and operate an area hospital. See Iowa Code 145A.2
• month: means a calendar month, and the word "year" and the abbreviation "A. See Iowa Code 4.1
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortuary science: means the engaging in any of the following:
   a. See Iowa Code 156.1
• Multistate advanced practice privilege: means current authority from a remote state permitting an advanced practice registered nurse to practice in that state in the same role and title as the advanced practice registered nurse is licensed or authorized to practice in the home state to the extent that the remote state laws recognize such advanced practice registered nurse role and title. See Iowa Code 152E.3
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Occupational therapist: means a person licensed under this chapter to practice occupational therapy. See Iowa Code 148B.2
• Occupational therapy: includes but is not limited to providing assessment, design, fabrication, application, and fitting of selected orthotic devices and training in the use of prosthetic devices. See Iowa Code 148B.2
• Occupational therapy assistant: means a person licensed under this chapter to assist in the practice of occupational therapy. See Iowa Code 148B.2
• Official test: means a test for brucellosis approved for a species of designated animal by the department and to the extent applicable by the United States department of agriculture which is conducted under the supervision of, or the authorization from, the department. See Iowa Code 164.1
• Officials: means the respective governing bodies of political subdivisions. See Iowa Code 145A.2
• Opioid antagonist: means a drug that binds to opioid receptors and blocks or inhibits the effects of opioids acting on those receptors, including but not limited to naloxone hydrochloride or any other similarly acting drug approved by the United States food and drug administration. See Iowa Code 147A.1
• Opioid-related overdose: means a condition affecting a person which may include extreme physical illness, a decreased level of consciousness, respiratory depression, a coma, or the ceasing of respiratory or circulatory function resulting from the consumption or use of an opioid, or another substance with which an opioid was combined. See Iowa Code 147A.1
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: shall mean the person holding record title to real estate to include both legal and equitable interests under recorded real estate contracts. See Iowa Code 172D.1
• Owner: includes any person owning or leasing a designated animal. See Iowa Code 164.1
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Party state: means any state that has adopted this compact. See Iowa Code 152E.3
• Patient: means an individual who is receiving or who has received inpatient medical care in a hospital. See Iowa Code 144F.1
• Patient: means an individual who is frail and elderly or who has a chronic, critical medical condition or a terminal illness and for which a physician orders for scope of treatment form is consistent with the individual's goals of care. See Iowa Code 144D.1
• Payment: means the actual payment or tender of payment by a grain dealer to a seller of the agreed purchase price, or in the case of disputes as to sales of grain, the undisputed portion of the purchase price without reduction for any separate claim of the grain dealer against the seller. See Iowa Code 203.8
• Permittee: means a commercial breeder, dealer, or public auction to whom a permit is issued by the department as a federal licensee pursuant to section 162. See Iowa Code 162.2
• Person: means a natural person. See Iowa Code 154A.1
• Person: means person as defined in chapter 4. See Iowa Code 162.2
• person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
• Person: means a natural person. See Iowa Code 154A.1
• personal property: include money, goods, chattels, evidences of debt, and things in action. See Iowa Code 4.1
• Personal property: All property that is not real property.
• persons with mental illness: include persons with psychosis, persons who are severely depressed, and persons with any type of mental disease or mental disorder, except that mental illness does not refer to intellectual disability, or to insanity, diminished responsibility, or mental incompetency as defined and used in the Iowa criminal code or in the rules of criminal procedure, Iowa court rules. See Iowa Code 4.1
• Pet shop: means an establishment where a dog, cat, rabbit, rodent, nonhuman primate, fish other than live bait, bird, or other vertebrate animal is bought, sold, exchanged, or offered for sale. See Iowa Code 162.2
• pharmaceutical-delivering contact lenses: means contact lenses that contain one or more therapeutic pharmaceutical agents authorized for employment by this section for the purpose of treatment of conditions of the human eye and adnexa and that deliver such agents into the wearer's eye. See Iowa Code 154.1
• Physician: means a person licensed under chapter 148. See Iowa Code 146C.1
• Physician: means a person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state. See Iowa Code 144D.1
• Physician: means an individual licensed under chapter 148. See Iowa Code 147A.1
• Physician: means a person who is currently licensed in Iowa to practice medicine and surgery or osteopathic medicine and surgery and who is board certified and who is actively involved in the sleep medicine center or laboratory. See Iowa Code 148G.1
• Physician: means a person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state who is board-certified in family medicine, internal medicine, pediatrics, psychiatry, or another specialty who prescribes medications for the treatment of a mental disorder to patients in the normal course of the person's clinical medical practice pursuant to joint rules adopted by the board of psychology and the board of medicine. See Iowa Code 154B.1
• Physician assistant: means a person licensed as a physician assistant under chapter 148C. See Iowa Code 144D.1
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Podiatric physician: means a physician or surgeon licensed under this chapter to engage in the practice of podiatric medicine and surgery. See Iowa Code 149.1
• Political subdivision: means any county, township, school district or city. See Iowa Code 145A.2
• Polysomnographic student: means a person who is enrolled in a program approved by the board and who may provide sleep-related services under the direct supervision of a respiratory care and polysomnography practitioner or a polysomnographic technologist as a part of the person's educational program. See Iowa Code 148G.1
• Polysomnographic technician: means a person who has graduated from a program approved by the board, but has not yet received an accepted national credential awarded from an examination program approved by the board and who may provide sleep-related services under the direct supervision of a licensed respiratory care and polysomnography practitioner or a licensed polysomnographic technologist for a period of up to thirty days following graduation while awaiting credentialing examination scheduling and results. See Iowa Code 148G.1
• Polysomnographic technologist: means a person licensed by the board to engage in the practice of polysomnography under the general supervision of a physician or a qualified health care professional prescriber. See Iowa Code 148G.1
• POST form: means a document containing medical orders which may be relied upon across medical settings that consolidates and summarizes a patient's preferences for life-sustaining treatments and interventions and acts as a complement to and does not supersede any valid advance directive. See Iowa Code 144D.1
• Pound: means a facility for the prevention of cruelty to animals operated by the state, a municipal corporation, or other political subdivision of the state for the purpose of impounding or harboring seized stray, homeless, abandoned, or unwanted dogs, cats, or other animals; or a facility operated for such a purpose under a contract with any municipal corporation or incorporated society. See Iowa Code 162.2
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Practice of applied behavior analysis: includes the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis. See Iowa Code 154D.1
• practice of audiology: means the application of principles, methods, and procedures for measurement, testing, evaluation, prediction, consultation, counseling, instruction, habilitation, rehabilitation, or remediation related to hearing and disorders of hearing and associated communication disorders for the purpose of nonmedically evaluating, identifying, preventing, ameliorating, modifying, or remediating such disorders and conditions in individuals or groups of individuals, including the determination and use of appropriate amplification. See Iowa Code 154F.1
• Practice of polysomnography: means as described in section 148G. See Iowa Code 148G.1
• Practice of psychology: means the application of established principles of learning, motivation, perception, thinking, and emotional relations to problems of behavior adjustment, group relations, and behavior modification, by persons trained in psychology for compensation or other personal gain. See Iowa Code 154B.1
• Practice of social work: means the professional activity of licensees which is directed at enhancing or restoring people's capacity for social functioning, whether impaired by environmental, emotional, or physical factors, with particular attention to the person-in-situation configuration. See Iowa Code 154C.1
• practice of speech pathology: means the application of principles, methods, and procedures for the measurement, testing, evaluation, prediction, consultation, counseling, instruction, habilitation, rehabilitation, or remediation related to the development and disorders of speech, fluency, voice, or language for the purposes of nonmedically evaluating, preventing, ameliorating, modifying, or remediating such disorders and conditions in individuals or groups of individuals. See Iowa Code 154F.1
• Prescribing psychologist: means a licensed psychologist who holds a valid prescription certificate. See Iowa Code 154B.1
• Prescription certificate: means a document issued by the board to a licensed psychologist that permits the holder to prescribe psychotropic medication pursuant to this chapter. See Iowa Code 154B.1
• Prescriptive authority: means the legal authority to prescribe medications and devices as defined by party state laws. See Iowa Code 152E.3
• Primary enclosure: means any structure used to immediately restrict an animal to a limited amount of space, such as a room, pen, cage, or compartment. See Iowa Code 162.2
• Private practice: means social work practice conducted only by an independent social worker who is either self-employed or a member of a partnership or of a group practice providing diagnosis and treatment of mental and emotional disorders or conditions. See Iowa Code 154C.1
• Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• property: includes personal and real property. See Iowa Code 4.1
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Psychotropic medication: means a medicine that shall not be dispensed or administered without a prescription and that has been explicitly approved by the federal food and drug administration for the treatment of a mental disorder, as defined by the most recent version of the diagnostic and statistical manual of mental disorders published by the American psychiatric association or the most recent version of the international classification of diseases. See Iowa Code 154B.1
• Public auction: means any place or location where dogs or cats, or both, are sold at auction to the highest bidder regardless of whether the dogs or cats are offered as individuals, as a group, or by weight. See Iowa Code 162.2
• public funds: means public funds as defined in section 12C. See Iowa Code 12B.10C
• Qualified health care practitioner: means an individual who is licensed under section 147. See Iowa Code 148G.1
• Qualified health care professional prescriber: means a physician assistant operating under the prescribing authority granted in section 147. See Iowa Code 148G.1
• Quarantine: means the entire herd of designated animals must be confined to a premises designated by the department, if any reactor is disclosed. See Iowa Code 164.1
• Quorum: The number of legislators that must be present to do business.
• reactor: means an animal which has given a positive reaction as determined by departmental standards to the brucellosis test. See Iowa Code 163A.1
• real property: include lands, tenements, hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Iowa Code 4.1
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Reasonable medical judgment: means a medical judgment made by a reasonably prudent physician who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved. See Iowa Code 146C.1
• Reasonable under the circumstances: means consideration of what is appropriate in relation to the declarant's finances, cultural or family customs, and religious or spiritual beliefs. See Iowa Code 144C.2
• Reflexology: means manipulation of the soft tissues of the human body which is restricted to the hands, feet, or ears, performed by persons who do not hold themselves out to be massage therapists or to be performing massage therapy. See Iowa Code 152C.1
• Registrant: means a pound, animal shelter, or research facility to whom a certificate of registration is issued by the department pursuant to section 162. See Iowa Code 162.2
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remains: means the body or cremated remains of a decedent. See Iowa Code 144C.2
• Remote state: means a party state, other than the home state, where either of the following applies:
   (1) Where the patient is located at the time advanced practice registered nurse care is provided. See Iowa Code 152E.3
• Remote state action: means either of the following:
   (1) Any administrative, civil, equitable, criminal, or other action permitted by a remote state's laws which is imposed on an advanced practice registered nurse by the remote state's licensing board or other authority, including actions against an individual's multistate advanced practice privilege in the remote state. See Iowa Code 152E.3
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Research facility: means any school or college of medicine, veterinary medicine, pharmacy, dentistry, or osteopathic medicine, or hospital, diagnostic or research laboratories, or other educational or scientific establishment situated in this state concerned with the investigation of, or instruction concerning the structure or function of living organisms, the cause, prevention, control or cure of diseases or abnormal conditions of human beings or animals. See Iowa Code 162.2
• Residence: means the dwelling that a patient considers to be the patient's home. See Iowa Code 144F.1
• Residency program: means a community based family practice residency education program presently in existence or established under this chapter. See Iowa Code 148D.1
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• road: include public bridges, and may be held equivalent to the words "county way" "county road" "common road" and "state road". See Iowa Code 4.1
• Rule: includes "regulation". See Iowa Code 4.1
• seal: shall include an impression upon the paper alone, or upon wax, a wafer affixed to the paper, or an official stamp of a notarial officer as provided in chapter 9B. See Iowa Code 4.1
• sell: means a transfer of title or of the right to use by lease, bailment, or any other means, but excludes a wholesale transaction with a distributor or hearing aid specialist, and excludes the temporary, charitable loan or educational loan of a hearing aid without remuneration. See Iowa Code 154A.1
• sell: means a transfer of title or of the right to use by lease, bailment, or any other means, but excludes a wholesale transaction with a distributor or hearing aid specialist, and excludes the temporary, charitable loan or educational loan of a hearing aid without remuneration. See Iowa Code 154A.1
• service: means any medical care ambulance service or nontransport service that has received authorization from the department under section 147A. See Iowa Code 147A.1
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Signature: includes an electronic signature as defined in section 554D. See Iowa Code 4.1
• Sleep-related services: means acts performed by polysomnographic technicians, polysomnographic students, and other persons permitted to perform those services under this chapter, in a setting described in this chapter that would be considered the practice of polysomnography if performed by a respiratory care and polysomnography practitioner or a polysomnographic technologist. See Iowa Code 148G.1
• Speech pathologist: means a person who engages in the practice of speech pathology. See Iowa Code 154F.1
• State: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See Iowa Code 152E.3
• state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
• State licensee: means any of the following:
   a. See Iowa Code 162.2
• State practice laws: means a party state's laws and regulations that govern advanced practice registered nurse practice, define the scope of advanced nursing practice, including prescriptive authority, and create the methods and grounds for imposing discipline. See Iowa Code 152E.3
• State-approved premises: means an area, including a feedlot or grazing area, established at the discretion of the department for the care and feeding of untested designated animals as provided by the department. See Iowa Code 164.1
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Supervision: means the direction of social work practice in face-to-face sessions. See Iowa Code 154C.1
• Temporary license: means a license to practice marital and family therapy or mental health counseling under direct supervision of a qualified supervisor as determined by the board by rule to fulfill the postgraduate supervised clinical experience requirement in accordance with this chapter. See Iowa Code 154D.1
• Temporary permit: means a permit issued while the applicant is in training to become a licensed hearing aid specialist. See Iowa Code 154A.1
• Temporary permit: means a permit issued while the applicant is in training to become a licensed hearing aid specialist. See Iowa Code 154A.1
• Terminal illness: means a progressive disease or medical or surgical condition that entails significant functional impairment, that is not considered by a treating physician to be reversible even with administration of treatments approved by the United States food and drug administration, and that, without life-sustaining procedures, will result in death. See Iowa Code 144E.2
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Third party: includes but is not limited to a funeral director, funeral establishment, cremation establishment, cemetery, the state medical examiner, or a county medical examiner. See Iowa Code 144C.2
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Training program: means an Iowa college approved by the higher learning commission, an Iowa hospital authorized by the department, or a medical care ambulance service or nontransport service that has received authorization from the department to conduct emergency medical care services training. See Iowa Code 147A.1
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trauma: means a single or multisystem life-threatening or limb-threatening injury, or an injury requiring immediate medical or surgical intervention or treatment to prevent death or permanent disability. See Iowa Code 147A.21
• Trauma care facility: means a hospital or emergency care facility which provides trauma care and has been verified by the department as having level I, II, III, or IV care capabilities and issued a certificate of verification pursuant to section 147A. See Iowa Code 147A.21
• Trauma care system: means an organized approach to providing personnel, facilities, and equipment for effective and coordinated trauma care. See Iowa Code 147A.21
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Unborn child: means the same as defined in section 146A. See Iowa Code 146C.1
• undertaking: means a promise or security in any form. See Iowa Code 4.1
• Unencumbered: means that a state has no current disciplinary action against an advanced practice registered nurse's license or authority to practice. See Iowa Code 152E.3
• United States: includes all the states. See Iowa Code 4.1
• Venue: The geographical location in which a case is tried.
• Verification: means a formal process by which the department certifies a hospital or emergency care facility's capacity to provide trauma care in accordance with criteria established for level I, II, III, and IV trauma care facilities. See Iowa Code 147A.21
• Vertebrate animal: means those vertebrate animals other than members of the equine, bovine, ovine, and porcine species, and ostriches, rheas, or emus. See Iowa Code 162.2
• Veterinarian: means a licensed accredited veterinarian authorized by the department. See Iowa Code 164.1
• week: means seven consecutive days. See Iowa Code 4.1
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Written informed consent: means a written document that is signed by the patient, a parent of a minor patient, or a legal guardian or other legal representative of the patient and attested to by the patient's treating physician and a witness and that includes all of the following:
   a. See Iowa Code 144E.2
• year: means twelve consecutive months. See Iowa Code 4.1