Terms Used In Iowa Code > Chapter 4 - Construction of Statutes

• accredited: means a certification of the quality of an institution of higher education. See Iowa Code 135A.2
• 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
• 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
• 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.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• 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.
• 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
• 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.
• 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
• 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
• Arrest: Taking physical custody of a person by lawful authority.
• 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 board of pharmacy. See Iowa Code 126.2
• 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
• 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
• Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
• 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.
• Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
• 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
• 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.
• Cosmetic: means any of the following, but does not include soap:
   a. See Iowa Code 126.2
• 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
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Debilitating medical condition: means any of the following:
   a. See Iowa Code 124E.2
• Decedent: A deceased person.
• Department: means the department of inspections, appeals, and licensing. See Iowa Code 154A.1
• Department: means the department of health and human services. See Iowa Code 124E.2
• Department: means the department of inspections, appeals, and licensing. See Iowa Code 135G.1
• Department: means the department of inspections, appeals, and licensing. See Iowa Code 135B.1
• Department: means the department of health and human services. See Iowa Code 135D.2
• Department: means the department of inspections, appeals, and licensing. See Iowa Code 135H.1
• Department: means the department of health and human services. See Iowa Code 135.108
• Department: means the department of health and human services. See Iowa Code 135A.2
• Department: means the department of inspections, appeals, and licensing. See Iowa Code 135I.1
• Department: means the department of inspections, appeals, and licensing. See Iowa Code 135K.1
• 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
• 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:
   a. See Iowa Code 126.2
• Devise: To gift property by will.
• 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
• Director: means the director of health and human services. See Iowa Code 135.108
• 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:
• 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
• Docket: A log containing brief entries of court proceedings.
• Doctor: shall mean any person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state. See Iowa Code 135B.20
• Domestic abuse death: means a homicide or suicide that involves or is a result of an assault as defined in section 708. See Iowa Code 135.108
• Drug: means any of the following, but does not include a device:
   a. See Iowa Code 126.2
• Employee: means a natural person who is employed in this state for wages by an employer. See Iowa Code 124E.2
• employee of the judicial branch: include every officer or employee of the judicial branch except a judicial officer. See Iowa Code 4.1
• Employer: means a person who in this state employs for wages an employee. See Iowa Code 124E.2
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• 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}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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
• Facsimile prescription: means a prescription which is transmitted by a device which sends an exact image to the receiver. See Iowa Code 126.2
• 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
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governmental public health system: means local boards of health, the council on health and human services, 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
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• 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 practitioner: means an individual licensed under chapter 148 to practice medicine and surgery or osteopathic medicine and surgery, a physician assistant licensed under chapter 148C, an advanced registered nurse practitioner licensed under chapter 152, or an advanced practice registered nurse under chapter 152E, who is a patient's primary care provider or a podiatrist licensed pursuant to chapter 149. 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:
   a. See Iowa Code 135D.2
• 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
• 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:
   a. 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.
• 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
• Laboratory: means the state hygienic laboratory or any other independent medical cannabidiol testing facility accredited to standard ISO/IEC 17025 by an international organization for standards-approved accrediting body, with a controlled substance registration certificate from the United States drug enforcement administration and a certificate of registration from the board of pharmacy. See Iowa Code 124E.2
• lawful enforcement: includes but is not limited to the following:
   a. See Iowa Code 135C.10
• 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
• 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.
• Local board of health: means the same as defined in section 137. See Iowa Code 135A.2
• 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
• Majority leader: see Floor Leaders
• Marijuana: means any derivative of marijuana including but not limited to medical cannabidiol. See Iowa Code 124E.2
• Medicaid program: means the medical assistance program as defined in section 249A. See Iowa Code 135D.2
• Medical cannabidiol: means any pharmaceutical grade cannabinoid found in the plant Cannabis sativa L. See Iowa Code 124E.2
• 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
• 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:
   a. See Iowa Code 135H.1
• 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
• Minority leader: See Floor Leaders
• 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
• New drug: means either of the following:
   a. See Iowa Code 126.2
• Nursing care: means services which are provided under the direction of a physician or registered nurse. See Iowa Code 135H.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.
• 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
• 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
• Oversight: Committee review of the activities of a Federal agency or program.
• 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 an individual, partnership, corporation, or association. See Iowa Code 126.2
• 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: 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 under chapter 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.
• 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
• 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
• 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
• 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
• 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.
• 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
• Rural emergency hospital: means a facility that provides rural emergency hospital services in the facility twenty-four hours per day, seven days per week; does not provide any acute care inpatient services with the exception of any distinct part of the facility licensed as a skilled nursing facility providing posthospital extended care services; and meets the criteria specified in section 135B. See Iowa Code 135B.1
• Rural emergency hospital services: means the following services provided by a rural emergency hospital that do not exceed an annual per patient average of twenty-four hours in such a rural emergency hospital:
   a. See Iowa Code 135B.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
• 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
• 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
• Spa: means a bathing facility such as a hot tub or whirlpool designed for recreational or therapeutic use. See Iowa Code 135I.1
• Spray pad: includes an interactive fountain, and a splash pad, spray park, wet deck, and water recreation attraction. 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
• Team: means the domestic abuse death review team established in section 135. See Iowa Code 135.108
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Total tetrahydrocannabinol: means eighty-seven and seven-tenths percent of the amount of tetrahydrocannabinolic acid plus the amount of tetrahydrocannabinol. See Iowa Code 124E.2
• 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
• 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
• week: means seven consecutive days. See Iowa Code 4.1
• 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