§ 4.1 Rules
§ 4.2 Common law rule of construction
§ 4.3 References to other statutes
§ 4.4 Presumption of enactment
§ 4.5 Prospective statutes
§ 4.6 Ambiguous statutes — interpretation.
§ 4.7 Conflicts between general and special statutes
§ 4.8 Irreconcilable statutes
§ 4.9 Official copy prevails
§ 4.10 Reenactment of statutes — continuation.
§ 4.11 Conflicting amendments to same statutes — interpretation.
§ 4.12 Acts or statutes are severable
§ 4.13 General savings provision
§ 4.14 General rules of construction for English language laws

Terms Used In Iowa Code > Chapter 4

  • Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
  • 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, devices, or cosmetics. See Iowa Code 126.2
  • Affected party: means a wholesaler, brewer, master distributor, successor brewer, or any person that is a party to an agreement. See Iowa Code 123A.2
  • Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. See Iowa Code 124.101
  • Agreement: means a contract or arrangement whether expressed or implied, oral or written, for a definite or indefinite period between a brewer and a wholesaler pursuant to which a wholesaler has been granted the right to purchase, resell, and distribute one or more brands of beer offered by a brewer, or a contract or arrangement in which a brewer grants to a wholesaler a license to use a trade name, trademark, service mark, or related characteristic and in which there is a community of interest in the marketing of the products of the brewer. See Iowa Code 123A.2
  • Anabolic steroid: means any drug or hormonal substance, chemically and pharmacologically related to testosterone, other than estrogens, progestins, corticosteroids, or dehydroepiandrosterone, which substance is identified as an anabolic steroid in section 124. See Iowa Code 126.2
  • appellate court: means and includes both the supreme court and the court of appeals. See Iowa Code 4.1
  • Beer: means beer or high alcoholic content beer as defined in section 123. See Iowa Code 123A.2
  • Board: means the board of pharmacy. See Iowa Code 124.101
  • Board: means the board of pharmacy. See Iowa Code 126.2
  • Board: means the board of pharmacy. See Iowa Code 124B.1
  • board: means the entity that governs and administers the Iowa health information network. See Iowa Code 135D.2
  • Bordering state: means the same as defined in section 331. See Iowa Code 124E.2
  • Brand: means a word, name, group of letters, symbol, or a combination of words, names, letters, or symbols adopted and used by a brewer to identify a specific beer product, and to distinguish that beer product from other beer products brewed or marketed by that brewery or other breweries. See Iowa Code 123A.2
  • Brand extension: means a brand which incorporates all or a substantial part of the unique features of a preexisting brand of the same brewery and which relies to a significant extent on the goodwill associated with the preexisting brand. See Iowa Code 123A.2
  • Brewer: means a person who is engaged in the manufacture of beer for the purpose of sale, barter, exchange, or transportation, a master distributor, or a fermenter, processor, bottler, packager, or importer of beer, or a successor brewer. See Iowa Code 123A.2
  • Bureau: means the bureau of narcotics and dangerous drugs, United States department of justice, or its successor agency. See Iowa Code 124.101
  • Care coordination: means the management of all aspects of a patient's care to improve health care quality. See Iowa Code 135D.2
  • Child: includes child by adoption. See Iowa Code 4.1
  • Clandestine laboratory site: means a location or operation, including but not limited to buildings or vehicles equipped with glassware, heating devices, and precursors or related reagents and solvents needed to unlawfully prepare or manufacture controlled substances defined in chapter 124. See Iowa Code 124C.1
  • Cleanup: means actions necessary to contain, collect, control, identify, analyze, disassemble, treat, remove, or otherwise disperse all substances and materials, including but not limited to those found to be hazardous waste as defined in section 455B. See Iowa Code 124C.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
  • Commissioner: means the commissioner of public safety. See Iowa Code 124C.1
  • Contaminated with filth: means not securely protected from dust, dirt, and as far as is necessary by all reasonable means, from all foreign or injurious contaminations. See Iowa Code 126.2
  • Controlled substance: means a drug, substance, or immediate precursor in schedules I through V of subchapter II of this chapter. See Iowa Code 124.101
  • Controlled substance: means a controlled substance as defined in section 124. See Iowa Code 124B.1
  • Cosmetic: means any of the following, but does not include soap:
  • Council: means the governmental public health advisory council as established in this chapter. See Iowa Code 135A.2
  • Counterfeit drug: means a drug which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, or device, or any such likeness, of a drug manufacturer, processor, packer, or distributor other than the person or persons who in fact manufactured, processed, packed, or distributed the drug and which falsely purports or is represented to be the product of, or to have been packed or distributed by, such other drug manufacturer, processor, packer, or distributor. See Iowa Code 126.2
  • Counterfeit substance: means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance. See Iowa Code 124.101
  • Debilitating medical condition: means any of the following:
  • delivery: means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. See Iowa Code 124.101
  • Department: means the department of public safety of the state of Iowa. See Iowa Code 124.101
  • Department: means the department of public safety. See Iowa Code 124C.1
  • Department: means the department of public health. See Iowa Code 124E.2
  • Department: means the department of public health. See Iowa Code 135D.2
  • Department: means the department of public health. See Iowa Code 135A.2
  • Department: means the department of inspections and appeals. See Iowa Code 135B.1
  • Designated entity: means the nonprofit corporation designated by the department through a competitive process as the entity responsible for administering and governing the Iowa health information network. See Iowa Code 135D.2
  • Designated local public health agency: means an entity that is either governed by or contractually responsible to a local board of health and designated by the local board. See Iowa Code 135A.2
  • Designated member: means a deceased wholesaler's spouse, child, grandchild, parent, brother, or sister, who is entitled to inherit the deceased wholesaler's ownership interest under the terms of the deceased wholesaler's will, other testamentary device, or the laws of intestate succession. See Iowa Code 123A.2
  • Device: means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory of any of these, which is any of the following:
  • Dispense: means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery. See Iowa Code 124.101
  • Dispenser: means a practitioner who dispenses. See Iowa Code 124.101
  • Disqualifying felony offense: means a violation under federal or state law of a felony under federal or state law, which has as an element the possession, use, or distribution of a controlled substance, as defined in 21 U. See Iowa Code 124E.2
  • Distribute: means to deliver other than by administering or dispensing a controlled substance. See Iowa Code 124.101
  • Distributor: means a person who distributes. See Iowa Code 124.101
  • Drug: means :
  • Drug: means any of the following, but does not include a device:
  • Electronic prescription: means a prescription which is transmitted by a computer device in a secure manner, including computer-to-computer transmission and computer-to-facsimile transmission. See Iowa Code 124.101
  • Exchange: means the authorized electronic sharing of health information between health care professionals, payors, consumers, public health agencies, the designated entity, the department, and other authorized participants utilizing the Iowa health information network and Iowa health information network services. See Iowa Code 135D.2
  • Facsimile prescription: means a prescription which is transmitted by a device which sends an exact image to the receiver. See Iowa Code 124.101
  • Facsimile prescription: means a prescription which is transmitted by a device which sends an exact image to the receiver. See Iowa Code 126.2
  • Federal Act: means the federal Food, Drug, and Cosmetic Act, which is codified in 21 U. See Iowa Code 126.2
  • 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
  • Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade and defined and interpreted under section 554. See Iowa Code 123A.2
  • Governmental public health system: means local boards of health, the state board of health, designated local public health agencies, the state hygienic laboratory, and the department. See Iowa Code 135A.2
  • Governmental unit: means the state, or any county, municipality, or other political subdivision or any department, division, board or other agency of any of the foregoing. See Iowa Code 135B.1
  • Health care practitioner: means an individual licensed under chapter 148 to practice medicine and surgery or osteopathic medicine and surgery who is a patient's primary care provider. See Iowa Code 124E.2
  • Health care professional: means a person who is 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 135D.2
  • Health information: means health information as defined in 45 C. See Iowa Code 135D.2
  • Health information technology: means the application of information processing, involving both computer hardware and software, that deals with the storage, retrieval, sharing, and use of health care information, data, and knowledge for communication, decision making, quality, safety, and efficiency of clinical practice, and may include but is not limited to:
  • HIPAA: means the federal Health Insurance Portability and Accountability Act of 1996, Pub. See Iowa Code 135D.2
  • Hospital: means a place which is devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care over a period exceeding twenty-four hours of two or more nonrelated individuals suffering from illness, injury, or deformity, or a place which is devoted primarily to the rendering over a period exceeding twenty-four hours of obstetrical or other medical or nursing care for two or more nonrelated individuals, or any institution, place, building or agency in which any accommodation is primarily maintained, furnished or offered for the care over a period exceeding twenty-four hours of two or more nonrelated aged or infirm persons requiring or receiving chronic or convalescent care; and shall include sanatoriums or other related institutions within the meaning of this chapter. See Iowa Code 135B.1
  • Imitation controlled substance: means a substance which is not a controlled substance but which by color, shape, size, markings, and other aspects of dosage unit appearance, and packaging or other factors, appears to be or resembles a controlled substance. See Iowa Code 124.101
  • Immediate precursor: means a substance which the board has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture. See Iowa Code 124.101
  • Intellectual disability: means a disability of children and adults who as a result of inadequately developed intelligence have a significant impairment in ability to learn or to adapt to the demands of society, and, if a diagnosis is required, "intellectual disability" means a diagnosis of mental retardation as defined in the diagnostic and statistical manual of mental disorders, fourth edition, text revised, published by the American psychiatric association. 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
  • Interoperability: means the ability of two or more systems or components to exchange information or data in an accurate, effective, secure, and consistent manner and to use the information or data that has been exchanged and includes but is not limited to:
  • Iowa Medicaid enterprise: means the centralized medical assistance program infrastructure, based on a business enterprise model, and designed to foster collaboration among all program stakeholders by focusing on quality, integrity, and consistency. See Iowa Code 135D.2
  • Isomer: means the optical isomer, except as used in section 124. See Iowa Code 124.101
  • Judicial officer: means a supreme court justice, a judge of the court of appeals, a district judge, a district associate judge, an associate juvenile judge, an associate probate judge, or a magistrate. See Iowa Code 4.1
  • Label: means a display of written, printed, or graphic matter upon the immediate container of an article; and a requirement made by or under authority of this chapter that any word, statement, or other information appear on the label is not complied with unless the word, statement, or other information also appears on the outside container or wrapper of the retail package of the article, or is easily legible through the outside container or wrapper. See Iowa Code 126.2
  • Labeling: means all labels and other written, printed, or graphic matter upon an article or any of its containers or wrappers, or accompanying an article. See Iowa Code 126.2
  • Local board of health: means the same as defined in section 137. See Iowa Code 135A.2
  • Magistrate: means a judicial officer appointed under chapter 602, article 6, part 4. See Iowa Code 4.1
  • Manager: means an individual named or designated by agreement between the brewer and wholesaler, who is principally responsible for the daily management of the wholesaler. See Iowa Code 123A.2
  • Manufacture: means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation, compounding, packaging, or labeling of a controlled substance:
  • Marijuana: means all parts of the plants of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including tetrahydrocannabinols. See Iowa Code 124.101
  • Medical cannabidiol: means any pharmaceutical grade cannabinoid found in the plant Cannabis sativa L. See Iowa Code 124E.2
  • month: means a calendar month, and the word "year" and the abbreviation "A. See Iowa Code 4.1
  • Narcotic drug: means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
  • network: means the statewide health information technology network that is the sole statewide network for Iowa pursuant to this chapter. See Iowa Code 135D.2
  • New drug: means either of the following:
  • oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and in like cases the word "swear" includes "affirm". See Iowa Code 4.1
  • Office: means the governor's office of drug control policy, as referred to in section 80E. See Iowa Code 124.101
  • Official compendium: means the official United States Pharmacopoeia National Formulary, official Homeopathic Pharmacopoeia of the United States, or any supplement to either document. See Iowa Code 126.2
  • Opiate: means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See Iowa Code 124.101
  • Opium poppy: means the plant of the species Papaver somniferum L. See Iowa Code 124.101
  • Organizational capacity: means the governmental public health infrastructure that must be in place in order to deliver public health services. See Iowa Code 135A.2
  • Participant: means an authorized health care professional, payor, patient, health care organization, public health agency, or the department that has agreed to authorize, submit, access, or disclose health information through the Iowa health information network in accordance with this chapter and all applicable laws, rules, agreements, policies, and standards. See Iowa Code 135D.2
  • Patient: means a person who has received or is receiving health services from a health care professional. See Iowa Code 135D.2
  • Person: means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 124.101
  • Person: means an individual, partnership, corporation, or association. See Iowa Code 126.2
  • 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 any individual, firm, partnership, corporation, company, association, or joint stock association; and includes any trustee, receiver, assignee or other similar representative thereof. See Iowa Code 135B.1
  • Person having control over a clandestine laboratory site: means a person who at any time possesses, produces, handles, stores, uses, transports, or disposes of a hazardous substance or controlled substance used or intended for use at a clandestine laboratory site. See Iowa Code 124C.1
  • 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
  • Poppy straw: means all parts, except the seeds, of the opium poppy, after mowing. See Iowa Code 124.101
  • Practitioner: means either:
  • Practitioner: means a practitioner as defined in section 155A. See Iowa Code 124B.1
  • Precursor substance: means a substance which may be used as a precursor in the illegal production of a controlled substance and is specified under section 124B. See Iowa Code 124B.1
  • Primary caregiver: means a person who is a resident of this state or a bordering state as defined in section 331. See Iowa Code 124E.2
  • Principal display panel: means that part of a label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale. See Iowa Code 126.2
  • property: includes personal and real property. See Iowa Code 4.1
  • Protected health information: means protected health information as defined in 45 C. See Iowa Code 135D.2
  • Public health activities: means actions taken by a participant in its capacity as a public health authority under the Health Insurance Portability and Accountability Act or as required or permitted by other federal or state law. See Iowa Code 135D.2
  • Public health system: means all public, private, and voluntary entities that contribute to the delivery of public health services within a jurisdiction. See Iowa Code 135A.2
  • real property: include lands, tenements, hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Iowa Code 4.1
  • Reasonable standards and qualifications: means those criteria applied by the brewer to similarly situated wholesalers during a period of twenty-four months before a proposed change in a successor manager of the wholesaler's business. See Iowa Code 123A.2
  • Recipient: means a person in this state who purchases, transfers, or otherwise receives a precursor substance. See Iowa Code 124B.1
  • Record locator service: means the functionality of the Iowa health information network that queries data sources to locate and identify potential patient records. See Iowa Code 135D.2
  • 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
  • Secretary: means the secretary of the United States department of health and human services. See Iowa Code 126.2
  • Signature: includes an electronic signature as defined in section 554D. See Iowa Code 4.1
  • Similarly situated wholesalers: means wholesalers of a brewer that are of a generally comparable size, and operate in markets with similar demographic characteristics, including population size, density, distribution, and vital statistics, and reasonably similar economic and geographic conditions. See Iowa Code 123A.2
  • Simulated controlled substance: means a substance which is not a controlled substance but which is expressly represented to be a controlled substance, or a substance which is not a controlled substance but which is impliedly represented to be a controlled substance and which because of its nature, packaging, or appearance would lead a reasonable person to believe it to be a controlled substance. See Iowa Code 124.101
  • State: when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession, and any area subject to the legal authority of the United States of America. See Iowa Code 124.101
  • 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
  • Successor manager: means an individual named or designated by agreement between a brewer and wholesaler who succeeds to the role of manager who will be principally responsible for the daily management of the wholesaler. See Iowa Code 123A.2
  • Territory: means the geographic area of primary sales responsibility designated by an agreement between a wholesaler and brewer for one or more brands of beer of the brewer. See Iowa Code 123A.2
  • Ultimate user: means a person who lawfully possesses a controlled substance for the person's own use or for the use of a member of the person's household or for administering to an animal owned by the person or by a member of the person's household. See Iowa Code 124.101
  • undertaking: means a promise or security in any form. See Iowa Code 4.1
  • United States: includes all the states. See Iowa Code 4.1
  • Vendor: means a person who manufactures, wholesales, retails, or otherwise sells, transfers, or furnishes in this state a precursor substance. See Iowa Code 124B.1
  • week: means seven consecutive days. See Iowa Code 4.1
  • Wholesaler: means a person, other than a vintner, brewer, or bottler of beer, who sells, barters, exchanges, offers for sale, possesses with intent to sell, deals, or traffics in beer. See Iowa Code 123A.2
  • Written certification: means a document signed by a health care practitioner, with whom the patient has established a patient-provider relationship, which states that the patient has a debilitating medical condition and identifies that condition and provides any other relevant information. See Iowa Code 124E.2
  • year: means twelve consecutive months. See Iowa Code 4.1