Iowa Code 279.76 – Health examinations, surveys, and screenings — prohibition
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1. a. Each school district is prohibited from administering or conducting an invasive physical examination of a student, a student health screening that is not required by state or federal law, or a formal examination or survey of a student that is designed to assess the student’s mental, emotional, or physical health that is not required by state or federal law, without first acquiring the written consent of the student’s parent or guardian. This section applies only to a minor child in the direct care of a parent or guardian, and does not apply to an emancipated minor or a minor who is not residing with the parent or guardian.
b. Each school district shall give written notice to a student’s parent or guardian of an examination or survey of the student required by state or federal law that is designed to assess the student’s mental, emotional, or physical health not less than seven days prior to the examination or survey. The notice shall include a copy of the examination or survey or a link to an internet site where the parent or guardian may access the examination or survey.
c. This subsection shall not apply to a hearing or vision examination.
Terms Used In Iowa Code 279.76
- Child: includes child by adoption. See Iowa Code 4.1
- 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.
- 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
- School: means an agency of the state or political subdivision of the state, individual, partnership, company, firm, society, trust, association, corporation, or any combination which meets any of the following criteria:a. See Iowa Code 261B.2
- 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
- Student: means a person who enrolls in or seeks to enroll in a course of instruction offered or conducted by a school. See Iowa Code 261B.2
2. This section shall not be construed to prohibit a school district from conducting health screenings or invasive physical examinations in emergent care situations or from cooperating in a child abuse assessment commenced in accordance with section 232.71B.3. For purposes of this section:a. “Emergent care situation” means a sudden or unforeseen occurrence or onset of a medical or behavioral condition that could result in serious injury or harm to a student or others in the event immediate medical attention is not provided. “Emergent care situation” includes the need to screen a student or others for symptoms or exposures during an outbreak or public health event of concern as designated by the department of health and human services.b. “Invasive physical examination” means any medical examination that involves the exposure of private body parts or any act during such examination that includes incision, insertion, or injection into the body, but does not include a hearing, vision, or scoliosis screening.c. “Student health screening” means an intentionally planned, periodic process to identify if students may be at risk for a health concern and to determine if a referral for an in-depth assessment is needed to consider appropriate health services. “Student health screening” does not include an episodic, individual screening done in accordance with professional licensed practice.