§ 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 - Construction of Statutes

  • Abortion: means an abortion as defined in chapter 146. See Iowa Code 135L.1
  • Adult: means a person eighteen years of age or older. See Iowa Code 135L.1
  • Advanced registered nurse practitioner: means a person currently licensed as a registered nurse under chapter 152 or 152E who is licensed by the board of nursing as an advanced registered nurse practitioner. See Iowa Code 135G.1
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • agency: means an agency that contracts with a health care entity in this state to provide agency workers for temporary, temporary-to-hire, direct hire, or other contract or employee placements. See Iowa Code 135Q.1
  • agency worker: means an individual who contracts with or is employed by a health care employment agency to provide direct services or nursing services to health care entity consumers. See Iowa Code 135Q.1
  • Allegation: something that someone says happened.
  • 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.
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Approved course: means a course covering the testing and repair of backflow prevention assemblies which has been approved by the department. See Iowa Code 135K.1
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Backflow prevention assembly: means a device or means to prevent backflow into the potable water system. See Iowa Code 135K.1
  • Bequest: Property gifted by will.
  • Board: means the board of hearing aid specialists. See Iowa Code 154A.1
  • board: means the entity that governs and administers the Iowa health information network. See Iowa Code 135D.2
  • 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
  • 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
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • Court: means the juvenile court. See Iowa Code 135L.1
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the department of inspections and appeals. See Iowa Code 135G.1
  • Department: means the Iowa department of public health. See Iowa Code 154A.1
  • Department: means the Iowa department of public health. See Iowa Code 135I.1
  • Department: means the Iowa department of public health. See Iowa Code 135K.1
  • Department: means the department of inspections and appeals. See Iowa Code 135Q.1
  • Department: means the department of inspections and appeals. See Iowa Code 135H.1
  • Department: means the department of public health. See Iowa Code 135D.2
  • Dependent: A person dependent for support upon another.
  • 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
  • Devise: To gift property by will.
  • Direct services: means services provided to consumers through person-to-person contact. See Iowa Code 135Q.1
  • Direction: means authoritative policy or procedural guidance for the accomplishment of a function or an activity. See Iowa Code 135G.1
  • Direction: means authoritative policy or procedural guidance for the accomplishment of a function or an activity. See Iowa Code 135H.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:
  • employee of the judicial branch: include every officer or employee of the judicial branch except a judicial officer. See Iowa Code 4.1
  • 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
  • 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.
  • Ex officio: Literally, by virtue of one's office.
  • 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
  • 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
  • Grandparent: means the parent of an individual who is the parent of the pregnant minor. See Iowa Code 135L.1
  • 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 entity: means a licensed or certified facility, organization, or agency operated to provide services and supports to meet the health or personal care needs of consumers. See Iowa Code 135Q.1
  • 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 licensed hospital as defined in section 135B. See Iowa Code 135D.2
  • 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
  • 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
  • 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
  • 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.
  • lawful enforcement: includes but is not limited to the following:
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • 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
  • 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
  • Licensee: means the holder of a license issued to operate a subacute care facility for persons with serious and persistent mental illness. See Iowa Code 135G.1
  • Licensee: means the holder of a license issued to operate a psychiatric medical institution for children. See Iowa Code 135H.1
  • Local board of health: means a city, county, or district board of health as defined in section 137. See Iowa Code 135I.1
  • Magistrate: means a judicial officer appointed under chapter 602, article 6, part 4. See Iowa Code 4.1
  • Managing entity: includes an individual who, directly or indirectly, holds a beneficial interest in a corporation, partnership, or other business entity that constitutes a managing entity. See Iowa Code 135Q.1
  • Medical care plan: means a plan of care and services designed to eliminate the need for inpatient care by improving the condition of a child. See Iowa Code 135H.1
  • Medical emergency: means a condition which, based upon a physician's judgment, necessitates an abortion to avert the pregnant minor's death, or for which a delay will create a risk of serious impairment of a major bodily function. See Iowa Code 135L.1
  • Mental health professional: means the same as defined in section 228. See Iowa Code 135G.1
  • Mental health professional: means an individual who has all of the following qualifications:
  • Mental health services: means services provided by a mental health professional operating within the scope of the professional's practice which address mental, emotional, medical, or behavioral problems. See Iowa Code 135G.1
  • Minor: means a person under eighteen years of age who has not been and is not married. See Iowa Code 135L.1
  • month: means a calendar month, and the word "year" and the abbreviation "A. See Iowa Code 4.1
  • 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
  • Nursing care: means services which are provided under the direction of a physician or registered nurse. See Iowa Code 135H.1
  • Nursing services: means those services which may be provided only by or under the supervision of a nurse. See Iowa Code 135Q.1
  • 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.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parent: means one parent or a legal guardian or custodian of a pregnant minor. See Iowa Code 135L.1
  • 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
  • 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.
  • Patient: means a person who has received or is receiving health services from a health care professional. See Iowa Code 135D.2
  • Payor: means a person who makes payments for health services, including but not limited to an insurance company, self-insured employer, government program, individual, or other purchaser that makes such payments. See Iowa Code 135D.2
  • Person: means a natural person. See Iowa Code 154A.1
  • 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
  • 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
  • Physician: means a person licensed under chapter 148. See Iowa Code 135G.1
  • Physician: means a person licensed under chapter 148. See Iowa Code 135H.1
  • Physician assistant: means a person licensed to practice under the supervision of a physician as authorized in chapters 147 and 148C. See Iowa Code 135G.1
  • 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.
  • 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
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • 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
  • Protected health information: means protected health information as defined in 45 C. See Iowa Code 135D.2
  • psychiatric institution: means an institution providing more than twenty-four hours of continuous care involving long-term psychiatric services to three or more children in residence for expected periods of fourteen or more days for diagnosis and evaluation or for expected periods of ninety days or more for treatment. See Iowa Code 135H.1
  • Psychiatric services: means services provided under the direction of a physician which address mental, emotional, medical, or behavioral problems. See Iowa Code 135H.1
  • 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 agency: means an entity that is governed by or contractually responsible to a local board of health or the department to provide services focused on the health status of population groups and their environments. See Iowa Code 135D.2
  • Quorum: The number of legislators that must be present to do business.
  • 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
  • Registered backflow prevention assembly tester: means a person who has successfully completed an approved course and has registered with the department. See Iowa Code 135K.1
  • Rehabilitative services: means services to encourage and assist restoration of a resident's optimum mental and physical capabilities. See Iowa Code 135G.1
  • Rehabilitative services: means services to encourage and assist restoration of a resident's optimum mental and physical capabilities. See Iowa Code 135H.1
  • Resident: means a person who is eighteen years of age or older and has been determined by a mental health professional to need subacute mental health services. See Iowa Code 135G.1
  • Resident: means a person who is less than twenty-one years of age and has been admitted by a physician to a psychiatric medical institution for children. See Iowa Code 135H.1
  • 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
  • Signature: includes an electronic signature as defined in section 554D. See Iowa Code 4.1
  • Spa: means a bathing facility such as a hot tub or whirlpool designed for recreational or therapeutic use. See Iowa Code 135I.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
  • Statute: A law passed by a legislature.
  • subacute care facility: means an institution, place, building, or agency with restricted means of egress providing subacute mental health services for a period exceeding twenty-four consecutive hours to persons in need of the services. See Iowa Code 135G.1
  • Subacute mental health services: means the same as defined in section 225C. See Iowa Code 135G.1
  • Subpoena: A command to a witness to appear and give testimony.
  • Supervision: means direct oversight and inspection of the act of accomplishing a function or activity. See Iowa Code 135G.1
  • Swimming pool: means an artificial basin and its appurtenances, either constructed or operated for swimming, wading, or diving, and includes a swimming pool, wading pool, waterslide, or associated bathhouse. See Iowa Code 135I.1
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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.
  • Treatment care plan: means a plan of care and services designed to eliminate the need for acute care by improving the condition of a person with serious and persistent mental illness. See Iowa Code 135G.1
  • 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.
  • 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
  • week: means seven consecutive days. See Iowa Code 4.1
  • year: means twelve consecutive months. See Iowa Code 4.1