§ 6B.1 Definitions
§ 6B.1A Procedure provided
§ 6B.2 By whom conducted
§ 6B.2A Notice of proposed public improvement
§ 6B.2B Acquisition negotiation
§ 6B.2C Approval of the public improvement
§ 6B.2D Notice of intent to approve acquisition of property by eminent domain
§ 6B.3 Application — recording — notice — time for appraisement — new proceedings
§ 6B.3A Challenge by owner
§ 6B.4 Commission to assess damages
§ 6B.5 Challenges to commissioners — filling vacancies on commission
§ 6B.6 Sheriff to coordinate meeting of commissioners and provide meeting place
§ 6B.7 Commissioners to qualify
§ 6B.8 Notice of assessment
§ 6B.9 Form of notice — signature
§ 6B.11 Filing of notices and return of service
§ 6B.14 Appraisement — report
§ 6B.15 Guardianship
§ 6B.16 Power of guardian
§ 6B.17 When appraisement final
§ 6B.18 Notice of appraisement — appeal of award — notice of appeal
§ 6B.21 Appeals — how docketed and tried
§ 6B.22 Pleadings on appeal
§ 6B.23 Question determined
§ 6B.24 Reduction of damages — interest on increased award
§ 6B.25 Right to take possession of lands — title — damages award
§ 6B.26 Dispossession of landowner or injury to property — limitation
§ 6B.30 Additional deposit
§ 6B.31 Payment by public authorities
§ 6B.32 Removal of condemner
§ 6B.33 Costs and attorney fees
§ 6B.34 Refusal to pay final award
§ 6B.35 Sheriff to file record
§ 6B.36 Clerk to file record
§ 6B.37 Form of record — certificate
§ 6B.38 Record of proceedings — fee — effect
§ 6B.40 Failure to record — liability
§ 6B.42 Eminent domain — payment to displaced persons
§ 6B.44 Taking property for highway — buildings and fences moved
§ 6B.45 Mailing copy of appraisal
§ 6B.46 Special proceedings to condemn existing utility
§ 6B.52 Renegotiation of damages
§ 6B.54 Acquisition policies for acquiring agencies
§ 6B.55 Buildings, structures, and improvements — policies for acquiring agencies
§ 6B.56 Disposition of condemned property
§ 6B.56A Disposition of condemned property — five-year time period
§ 6B.57 Procedural compliance
§ 6B.59 Sale of acquired property — reimbursement to landowner
§ 6B.60 Rental charges prohibited
§ 6B.61 Approval of local elected officials required

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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 146E.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
  • actively engaged in farming: means participating in physical labor on a regular, continuous, and substantial basis, or making day-to-day management decisions, where such participation or decision making is directly related to raising and harvesting crops for feed, food, seed, or fiber, or to the care and feeding of livestock. See Iowa Code 142D.2
  • Acupuncture: means a form of health care developed from traditional and modern oriental medical concepts that employs oriental medical diagnosis and treatment, and adjunctive therapies and diagnostic techniques, for the promotion, maintenance, and restoration of health and the prevention of disease. See Iowa Code 148E.1
  • Acupuncturist: means a person who is engaged in the practice of acupuncture. See Iowa Code 148E.1
  • Administer: means the direct application of a prescription drug, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by one of the following:
  • Adult: means an individual who is eighteen years of age or older. See Iowa Code 142C.2
  • Adult: means a person who is married or who is eighteen years of age or older. See Iowa Code 144C.2
  • Adult: means an individual eighteen years of age or older. See Iowa Code 144A.2
  • Advance health care directive: means a durable power of attorney for health care pursuant to chapter 144B or a record signed or authorized by a prospective donor containing the prospective donor's direction concerning a health care decision for the prospective donor. See Iowa Code 142C.12B
  • 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
  • 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.
  • 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
  • Agent: means an individual who meets any of the following conditions:
  • 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.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Apiary: means a place where one or more bee colonies are maintained. See Iowa Code 160.1A
  • 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
  • Attending physician: means the physician selected by, or assigned to, the patient who has primary responsibility for the treatment and care of the patient. See Iowa Code 144A.2
  • Attending physician assistant: means the physician assistant selected by, or assigned to, the patient who has primary responsibility for the treatment and care of the patient. See Iowa Code 144A.2
  • Audiologist: means a person who engages in the practice of audiology. See Iowa Code 154F.1
  • Authorized agent: means an individual designated by a practitioner who is under the supervision of the practitioner and for whom the practitioner assumes legal responsibility. See Iowa Code 155A.3
  • Bar: means an establishment where one may purchase alcoholic beverages, as defined in section 123. See Iowa Code 142D.2
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Bee: means a honeybee belonging to the genus apis. See Iowa Code 160.1A
  • 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
  • Biological product: means the same as defined in 42 U. See Iowa Code 155A.3
  • Board: means the board of hearing aid specialists. See Iowa Code 154A.1
  • Board: means the Iowa grain indemnity fund board created in section 203D. See Iowa Code 203D.1
  • board: means the board of medicine established in chapter 147. See Iowa Code 148.2A
  • board: means the board of optometry created under chapter 147. See Iowa Code 154.1
  • Board: means the board of respiratory care and polysomnography established in chapter 147. See Iowa Code 148G.1
  • Board: means the board of nursing created pursuant to chapter 147. See Iowa Code 148I.1
  • Board: means the board of podiatry, created under chapter 147. See Iowa Code 149.1
  • Board: means the board of dietetics created under chapter 147. See Iowa Code 152A.1
  • Board: means the board of massage therapy created under chapter 147. See Iowa Code 152C.1
  • Board: means the board of pharmacy. See Iowa Code 155A.3
  • Board: means the board of physical and occupational therapy created under chapter 147. See Iowa Code 148A.1
  • Board: means the board of medicine established in chapter 147. See Iowa Code 148E.1
  • board: means the board of chiropractic created under chapter 147. See Iowa Code 151.1A
  • board: means the dental board created under chapter 147. See Iowa Code 153.12
  • Board: means the board of trustees of an area hospital. See Iowa Code 145A.2
  • Board: means the board of podiatry. See Iowa Code 148F.2
  • 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
  • Business: means a sole proprietorship, partnership, joint venture, corporation, association, or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered; and private clubs. See Iowa Code 142D.2
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • 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 of birth resulting in stillbirth: means a document issued based upon a properly filed fetal death certificate to record the birth of a stillborn fetus. See Iowa Code 144.31A
  • Certificate of nonviable birth: means a document issued based upon a nonviable birth. See Iowa Code 144.31B
  • 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: means a son or daughter of a person, whether by birth or adoption. See Iowa Code 144C.2
  • Child: includes child by adoption. See Iowa Code 4.1
  • 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
  • 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.
  • Client: means a person under the care of a midwife and such person's fetus or newborn. See Iowa Code 148I.1
  • College of pharmacy: means a school, university, or college of pharmacy that satisfies the accreditation standards of the accreditation council for pharmacy education to the extent those standards are adopted by the board, or that has degree requirements which meet the standards of accreditation adopted by the board. See Iowa Code 155A.3
  • Colony: means a queen bee and more than one worker bee located on beeswax combs and enclosed in a container. See Iowa Code 160.1A
  • Commission: means the commission on tobacco use prevention and control established in this chapter. See Iowa Code 142A.2
  • 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.
  • Community partnership: means a public agency or nonprofit organization implementing the tobacco use prevention and control initiative in a local area in accordance with this chapter. See Iowa Code 142A.2
  • 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.
  • Controlled substance: means a drug substance, immediate precursor, or other substance listed in subchapter II of chapter 124. See Iowa Code 155A.3
  • 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.
  • Cremated remains: means all the remains of the cremated human body recovered after the completion of the cremation process, including pulverization which leaves only bone fragments reduced to unidentifiable dimensions, and may include the residue of any foreign matter including casket material, bridgework, or eyeglasses that were cremated with the human remains. See Iowa Code 144.1
  • Cremation: means the technical process, using heat and flame, that reduces human remains to bone fragments, with the reduction taking place through heat and evaporation. See Iowa Code 144.1
  • 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.
  • Dead body: means a lifeless human body or parts or bones of a body, if, from the state of the body, parts, or bones, it may reasonably be concluded that death recently occurred. See Iowa Code 144.1
  • Decedent: A deceased person.
  • Decedent: means a deceased individual whose body or part is or may be the source of an anatomical gift and includes a stillborn infant. See Iowa Code 142C.2
  • 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 record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor. See Iowa Code 142C.12B
  • 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
  • Declaration: means a document executed in accordance with the requirements of section 144A. See Iowa Code 144A.2
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • delivery: means the actual, constructive, or attempted transfer of a prescription drug or device or controlled substance from one person to another, whether or not for a consideration. See Iowa Code 155A.3
  • Demonstrated bioavailability: means the rate and extent of absorption of a drug or drug ingredient from a specified dosage form, as reflected by the time-concentration curve of the drug or drug ingredient in the systemic circulation. See Iowa Code 155A.3
  • 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 department of inspections, appeals, and licensing. See Iowa Code 154A.1
  • Department: means the department of health and human services. See Iowa Code 142A.2
  • Department: means the department of health and human services. See Iowa Code 147A.1
  • Department: means the department of health and human services. See Iowa Code 142D.2
  • Department: means the department of health and human services. See Iowa Code 144A.2
  • Department: means the department of health and human services. See Iowa Code 144.1
  • 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.
  • Descendent: One who is directly descended from another such as a child, grandchild, or great grandchild.
  • 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
  • Device: means a medical device, as classified by the United States food and drug administration, intended for use by a patient that is required by the United States food and drug administration to be ordered or prescribed for a patient by a practitioner. See Iowa Code 155A.3
  • dietitian: means a person who holds a valid license to practice dietetics pursuant to this chapter. See Iowa Code 152A.1
  • 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 health and human services. See Iowa Code 142A.2
  • Director: means the director of health and human services. 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.
  • Disinterested witness: means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or any other adult who exhibited special care and concern for the individual. See Iowa Code 142C.2
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Dispense: means to deliver a prescription drug, device, or controlled substance to an ultimate user or research subject by or pursuant to the lawful prescription drug order or medication order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery. See Iowa Code 155A.3
  • Distribute: means the delivery of a prescription drug or device. See Iowa Code 155A.3
  • 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
  • Document of gift: means a donor card or other record used to make an anatomical gift, including a statement or symbol on a driver's license, identification card, or hunting, fishing, or fur harvester license, or an entry in a donor registry. See Iowa Code 142C.2
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Donor: means an individual whose body or part is the subject of an anatomical gift. See Iowa Code 142C.2
  • Donor registry: means a database that contains records of anatomical gifts and amendments of anatomical gifts. See Iowa Code 142C.2
  • drug: means a drug, as classified by the United States food and drug administration, that is required by the United States food and drug administration to be prescribed or administered to a patient by a practitioner prior to dispensation. See Iowa Code 155A.3
  • Elder group home: means elder group home as defined in section 231B. See Iowa Code 144C.2
  • electronic prescription: means an order or 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 155A.3
  • Electronic signature: means a confidential personalized digital key, code, or number used for secure electronic transmissions which identifies and authenticates the signatory. See Iowa Code 155A.3
  • Eligible patient: means an individual who meets all of the following conditions:
  • 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:
  • 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 care provider: means emergency medical care provider as defined in section 147A. See Iowa Code 144A.2
  • 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
  • Employee: means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, or a person who provides services to an employer on a voluntary basis. See Iowa Code 142D.2
  • Employer: means a person including a sole proprietorship, partnership, joint venture, corporation, association, or other business entity whether for-profit or not-for-profit, including state government and its political subdivisions, that employs the services of one or more individuals as employees. See Iowa Code 142D.2
  • Employer: means a person, as defined in chapter 4, who in this state employs for wages an employee. See Iowa Code 147.161
  • 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
  • Enclosed area: means all space between a floor and ceiling that is contained on all sides by solid walls or windows, exclusive of doorways, which extend from the floor to the ceiling. See Iowa Code 142D.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
  • 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.
  • Eye bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes. See Iowa Code 142C.2
  • Facility: means a health care facility as defined in section 135C. See Iowa Code 144F.1
  • facsimile prescription: means an order or prescription which is transmitted by a device which sends an exact image to the receiver. See Iowa Code 155A.3
  • 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.
  • Farm tractor: means farm tractor as defined in section 321. See Iowa Code 142D.2
  • Farmer: means any of the following:
     (1) A person who files schedule F as part of the person's annual form 1040 or form 1041 filing with the United States internal revenue service, or an employee of such person while the employee is actively engaged in farming. See Iowa Code 142D.2
  • Fetal death: means death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy. See Iowa Code 144.1
  • Fetal heartbeat: means cardiac activity, the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac. See Iowa Code 146E.1
  • Fetal heartbeat exception: means any of the following:
  • Fiduciary: A trustee, executor, or administrator.
  • Filing: means the presentation of a certificate, report, or other record, provided for in this chapter, of a birth, death, fetal death, adoption, marriage, dissolution, or annulment for registration by the department. See Iowa Code 144.1
  • Final disposition: means the burial, interment, cremation, removal from the state, or other disposition of remains. See Iowa Code 144C.2
  • Final disposition: means the burial, interment, cremation, removal from the state, or other disposition of a dead body or fetus. See Iowa Code 144.1
  • 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
  • Forensic pathologist: means a pathologist who is further certified in the subspecialty of forensic pathology by the American board of pathology. See Iowa Code 142C.2
  • 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
  • Generic name: means the official title of a drug or drug ingredient published in the current official United States Pharmacopoeia and National Formulary, official Homeopathic Pharmacopoeia, or other drug compendium published by the United States pharmacopoeial convention or any supplement to any of them. See Iowa Code 155A.3
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • gift: means a donation of all or part of the human body effective after the donor's death, for the purposes of transplantation, therapy, research, or education. See Iowa Code 142C.2
  • 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
  • Grain: means the same as defined in section 203. See Iowa Code 203D.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.
  • Guardian: means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual, but does not include a guardian ad litem. See Iowa Code 142C.2
  • Health care decision: means any decision regarding the health care of the prospective donor. See Iowa Code 142C.12B
  • Health care facility: means health care facility as defined in section 135C. See Iowa Code 144C.2
  • Health care provider: means health care provider as defined in section 144A. See Iowa Code 144C.2
  • Health care provider: means a person, including an emergency medical care provider, 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 144A.2
  • Health care provider: means the same as defined in section 144. See Iowa Code 144.31B
  • Health care provider location: means an office or institution providing care or treatment of disease, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to a hospital as defined in section 135B. See Iowa Code 142D.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 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
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • 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 hospital licensed under chapter 135B, or a hospital licensed, accredited, or approved under federal law or the laws of any other state, and includes a hospital operated by the federal government, a state, or a political subdivision of a state, although not required to be licensed under state laws. See Iowa Code 142C.2
  • Hospital: means hospital as defined in section 135B. See Iowa Code 144C.2
  • Hospital: means hospital as defined in section 135B. See Iowa Code 144A.2
  • Hospital: means the same as defined in section 135B. See Iowa Code 144.31B
  • 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
  • Human foot: means the ankle and soft tissue which insert into the foot as well as the foot. See Iowa Code 149.1
  • Identification card: means a nonoperator's identification card issued by the state department of transportation pursuant to section 321. See Iowa Code 142C.2
  • Implement of husbandry: means implement of husbandry as defined in section 321. See Iowa Code 142D.2
  • 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
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Initiative: means the comprehensive tobacco use prevention and control initiative established in this chapter. See Iowa Code 142A.2
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Institution: means any establishment, public or private, which provides inpatient medical, surgical, or diagnostic care or treatment, or nursing, custodial, or domiciliary care to two or more unrelated individuals, or to which persons are committed by law. See Iowa Code 144.1
  • 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
  • Interchangeable biological product: means either of the following:
  • 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
  • Internship: means a practical experience program approved by the board for persons training to become pharmacists. See Iowa Code 155A.3
  • 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.
  • Iowa donor network: means the nonprofit organization certified by the centers for Medicare and Medicaid services of the United States department of health and human services as the single organ procurement agency serving the state and which also serves as the tissue recovery agency for the state. See Iowa Code 142C.2
  • Iowa donor registry: means the Iowa donor registry administered by the Iowa donor network. See Iowa Code 142C.2
  • 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.
  • Know: means to have actual knowledge. See Iowa Code 142C.2
  • Label: means written, printed, or graphic matter on the immediate container of a drug or device. See Iowa Code 155A.3
  • Labeling: means the process of preparing and affixing a label including information required by federal or state law or regulation to a drug or device container. See Iowa Code 155A.3
  • 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
  • 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
  • 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 midwife: means a person licensed under this chapter to practice midwifery in Iowa. See Iowa Code 148I.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.
  • Limited distributor: means a person operating or maintaining a location, regardless of the location, where prescription drugs or devices are distributed at wholesale or to a patient pursuant to a prescription drug order, who is not eligible for a wholesale distributor license or pharmacy license. See Iowa Code 155A.3
  • Lineal descendant: Direct descendant of the same ancestors.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Live birth: means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. See Iowa Code 144.1
  • 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
  • Livestock: includes but is not limited to an animal classified as an ostrich, rhea, or emu. See Iowa Code 4.1
  • Long-term care facility: means a health care facility as defined in section 135C. See Iowa Code 142D.2
  • Majority leader: see Floor Leaders
  • Managing pharmacy: means a licensed pharmacy that oversees the activities of a telepharmacy site. See Iowa Code 155A.3
  • Manufacturer: means manufacturer as defined in section 453A. See Iowa Code 142A.2
  • Manufacturer: means manufacturer as defined by the federal Drug Supply Chain Security Act, 21 U. See Iowa Code 155A.3
  • 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 convenience kit: means a collection of devices, which may include a product or biological product, assembled in kit form strictly for the convenience of the purchaser or ultimate user. See Iowa Code 155A.3
  • Medical emergency: means the same as defined in section 146A. See Iowa Code 146E.1
  • Medical examiner: means an individual who is appointed as a medical examiner pursuant to section 331. See Iowa Code 142C.2
  • Medical gas: means a gas or liquid oxygen intended for human consumption. See Iowa Code 155A.3
  • Medication order: means a written order from a practitioner or an oral order from a practitioner or the practitioner's authorized agent for administration of a drug or device. See Iowa Code 155A.3
  • Mental health professional: means the same as defined in section 228. See Iowa Code 147.161
  • 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
  • Midwife: means a person practicing midwifery. See Iowa Code 148I.1
  • Midwifery: means the practice of providing primary maternity care to a client during the preconception, antepartum, intrapartum, and postpartum periods and newborn care up to six weeks. See Iowa Code 148I.1
  • Minor: means an individual who is less than eighteen years of age. See Iowa Code 142C.2
  • Minority leader: See Floor Leaders
  • 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:
  • 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
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonviable birth: means an unintentional, spontaneous fetal demise occurring after demonstration of a doppler-detected heartbeat and prior to the twentieth week of gestation during a pregnancy that has been verified by a health care provider. See Iowa Code 144.31B
  • Nuisance: means and includes public or private nuisance as defined either by statute or by the common law. See Iowa Code 172D.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.
  • 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
  • Organ procurement organization: means a person designated by the United States secretary of health and human services as an organ procurement organization. See Iowa Code 142C.2
  • Orthosis: means a custom-fabricated or custom-fitted brace or support designed to provide for alignment, correction, or prevention of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity. See Iowa Code 148F.2
  • Orthotic and prosthetic education program: means a course of instruction accredited by the commission on accreditation of allied health education programs, consisting of both of the following:
  • Orthotic and prosthetic scope of practice: means a list of tasks, with relative weight given to such factors as importance, criticality, and frequency, based on nationally accepted standards of orthotic and prosthetic care as outlined by the American board for certification in orthotics, prosthetics, and pedorthics, incorporated. See Iowa Code 148F.2
  • Orthotics: means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing an orthosis under an order from a licensed physician or podiatric physician for the correction or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity. See Iowa Code 148F.2
  • Orthotist: means a health care professional, specifically educated and trained in orthotic patient care, who measures, designs, fabricates, fits, or services orthoses and may assist in the formulation of the order and treatment plan of orthoses for the support or correction of disabilities caused by neuromusculoskeletal diseases, injuries, or deformities. See Iowa Code 148F.2
  • Out-of-hospital do-not-resuscitate order: means a written order signed by a physician, executed in accordance with the requirements of section 144A. See Iowa Code 144A.2
  • 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
  • Package: means a shipping cage exclusively containing adult bees, without beeswax combs. See Iowa Code 160.1A
  • Parent: means a parent whose parental rights have not been terminated. See Iowa Code 142C.2
  • Part: means an organ, an eye, or tissue of a human being, but does not include the whole body of a human being. See Iowa Code 142C.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.
  • Party state: means any state that has adopted this compact. See Iowa Code 152E.3
  • Pathologist: means a licensed physician who is certified in anatomic or clinical pathology by the American board of pathology. See Iowa Code 142C.2
  • Patient: means an individual who is receiving or who has received inpatient medical care in a hospital. See Iowa Code 144F.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
  • Pedigree: means a recording of each distribution of any given drug or device, from the sale by the manufacturer through acquisition and sale by any wholesaler, pursuant to rules adopted by the board. See Iowa Code 155A.3
  • Pedorthic device: means therapeutic shoes, such as diabetic shoes and inserts, shoe modifications made for therapeutic purposes, below-the-ankle partial foot prostheses, and foot orthoses for use at the ankle or below. See Iowa Code 148F.2
  • Pedorthic education program: means an educational program approved by the national commission on orthotic and prosthetic education consisting of all of the following:
  • Pedorthics: means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing a pedorthic device under an order from a licensed physician or podiatric physician for the correction or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity. See Iowa Code 148F.2
  • Pedorthist: means a health care professional, specifically educated and trained in pedorthic patient care, who measures, designs, fabricates, fits, or services pedorthic devices and may assist in the formulation of the order and treatment plan of pedorthic devices for the support or correction of disabilities caused by neuromusculoskeletal diseases, injuries, or deformities. See Iowa Code 148F.2
  • Person: means a natural person. See Iowa Code 154A.1
  • Person: means person as defined in section 4. See Iowa Code 142C.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
  • Personal property: All property that is not real property.
  • personal property: include money, goods, chattels, evidences of debt, and things in action. 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
  • 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
  • Pharmacist: means a person licensed by the board to practice pharmacy. See Iowa Code 155A.3
  • Pharmacist in charge: means the pharmacist designated on a pharmacy license as the pharmacist who has the authority and responsibility for the pharmacy's compliance with laws and rules pertaining to the practice of pharmacy. See Iowa Code 155A.3
  • Pharmacist-intern: means an undergraduate student enrolled in the professional sequence of a college of pharmacy approved by the board, or a graduate of a college of pharmacy, who is participating in a board-approved internship under the supervision of a preceptor. See Iowa Code 155A.3
  • Pharmacy: means a location where prescription drugs are compounded, dispensed, or sold by a pharmacist and where prescription drug orders are received or processed in accordance with the pharmacy laws. See Iowa Code 155A.3
  • Pharmacy license: means a license issued to a pharmacy or other place where prescription drugs or devices are dispensed to the general public pursuant to a prescription drug order. See Iowa Code 155A.3
  • Pharmacy support person: means a person, other than a licensed pharmacist, a registered pharmacist-intern, or a registered pharmacy technician, who may perform nontechnical duties assigned by a supervising pharmacist under the pharmacist's responsibility and supervision. See Iowa Code 155A.3
  • Pharmacy technician: means a person registered by the board who is in a technician training program or who is employed by a pharmacy under the responsibility of a licensed pharmacist to assist in the technical functions of the practice of pharmacy. See Iowa Code 155A.3
  • Physical therapy: means the branch of science that deals with the evaluation and treatment of human capabilities and impairments. See Iowa Code 148A.1
  • Physician: means an individual authorized to practice medicine and surgery or osteopathic medicine and surgery under the laws of any state. See Iowa Code 142C.2
  • 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. See Iowa Code 144A.2
  • Physician: means a person licensed under chapter 148. See Iowa Code 146E.1
  • Physician assistant: means a person licensed to practice as a physician assistant in this state. See Iowa Code 144A.2
  • Place of employment: means an area under the control of an employer and includes all areas that an employee frequents during the course of employment or volunteering, including but not limited to work areas, private offices, conference and meeting rooms, classrooms, auditoriums, employee lounges and cafeterias, hallways, medical facilities, restrooms, elevators, stairways and stairwells, and vehicles owned, leased, or provided by the employer unless otherwise provided under this chapter. See Iowa Code 142D.2
  • 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 a city, county, township, or school district. See Iowa Code 142D.2
  • 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
  • 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 acupuncture: means the insertion of acupuncture needles and the application of moxibustion to specific areas of the human body based upon oriental medical diagnosis as a primary mode of therapy. See Iowa Code 148E.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 pharmacy: is a dynamic patient-oriented health service profession that applies a scientific body of knowledge to improve and promote patient health by means of appropriate drug use and related drug therapy. See Iowa Code 155A.3
  • Practice of polysomnography: means as described in section 148G. See Iowa Code 148G.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
  • Practitioner: means a physician, dentist, podiatric physician, prescribing psychologist, veterinarian, optometrist, physician assistant, advanced registered nurse practitioner, or other person licensed or registered to prescribe, distribute, or dispense a prescription drug or device in the course of professional practice in this state or a person licensed by another state in a health field in which, under Iowa law, licensees in this state may legally prescribe drugs. See Iowa Code 155A.3
  • Preceptor: means a pharmacist in good standing licensed in this state to practice pharmacy and approved by the board to supervise and be responsible for the activities and functions of a pharmacist-intern in the internship program. See Iowa Code 155A.3
  • Prescription drug order: means a written, electronic, or facsimile order from a practitioner or an oral order from a practitioner or the practitioner's authorized agent who communicates the practitioner's instructions for a prescription drug or device to be dispensed. See Iowa Code 155A.3
  • Prescriptive authority: means the legal authority to prescribe medications and devices as defined by party state laws. See Iowa Code 152E.3
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • 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.
  • 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.
  • Procurement organization: means an eye bank, organ procurement organization, or tissue bank. See Iowa Code 142C.2
  • Product: means the same as defined in 21 U. See Iowa Code 155A.3
  • 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.
  • Prospective donor: means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education, but does not include an individual who has made a refusal. See Iowa Code 142C.2
  • Prosthesis: means an artificial medical device that is not surgically implanted and that is used to replace a missing limb, appendage, or any other external human body part including an artificial limb, hand, or foot. See Iowa Code 148F.2
  • Prosthetics: means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing a prosthesis under an order from a licensed physician. See Iowa Code 148F.2
  • Prosthetist: means a health care professional, specifically educated and trained in prosthetic patient care, who measures, designs, fabricates, fits, or services prostheses and may assist in the formulation of the order and treatment plan of prostheses for the replacement of external parts of the human body lost due to amputation or congenital deformities or absences. See Iowa Code 148F.2
  • public funds: means public funds as defined in section 12C. See Iowa Code 12B.10C
  • Public place: means an enclosed area to which the public is invited or in which the public is permitted, including common areas, and including but not limited to all of the following:
  • 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
  • Qualified patient: means a patient who has executed a declaration or an out-of-hospital do-not-resuscitate order in accordance with this chapter and who has been determined by the attending physician to be in a terminal condition. See Iowa Code 144A.2
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: include lands, tenements, hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Iowa Code 4.1
  • 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 146E.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
  • Reasonably available: means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. See Iowa Code 142C.2
  • Recipient: means an individual into whose body a decedent's part has been transplanted or is intended for transplant. See Iowa Code 142C.2
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Iowa Code 142C.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
  • Refusal: means a record created pursuant to section 142C. See Iowa Code 142C.2
  • Registration: means the process by which vital statistic records are completed, filed, and incorporated by the department in the department's official records. See Iowa Code 144.1
  • 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.
  • 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
  • Removal: means the act of taking human remains from the place of death or place where the human remains are being held to a funeral establishment or other designated place. See Iowa Code 156.1
  • Removal technician: means a person registered with the board to perform removals. See Iowa Code 156.1
  • Repackager: means a person who owns or operates an establishment that repackages or relabels a product or package for further sale or for distribution without a further transaction. See Iowa Code 155A.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.
  • Residence: means the dwelling that a patient considers to be the patient's home. See Iowa Code 144F.1
  • Residency: means an approved supervised program of a minimum duration of one year to acquire practical clinical training in orthotics or prosthetics in a patient care setting. See Iowa Code 148F.2
  • Resident: means a person who has completed an education program in either orthotics or prosthetics and is continuing the person's clinical education in a residency accredited by the national commission on orthotic and prosthetic education. See Iowa Code 148F.2
  • Restaurant: means eating establishments, including private and public school cafeterias, which offer food to the public, guests, or employees, including the kitchen and catering facilities in which food is prepared on the premises for serving elsewhere, and including a bar area within a restaurant. See Iowa Code 142D.2
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Resuscitation: means any medical intervention that utilizes mechanical or artificial means to sustain, restore, or supplant a spontaneous vital function, including but not limited to chest compression, defibrillation, intubation, and emergency drugs intended to alter cardiac function or otherwise to sustain life. See Iowa Code 144A.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
  • 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.
  • Sign: means to do any of the following with the present intent to authenticate or adopt a record:
  • 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
  • Smoking: means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other tobacco product in any manner or in any form. See Iowa Code 142D.2
  • 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: means any state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Iowa Code 142C.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
  • 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 registrar: means the state registrar of vital statistics. See Iowa Code 144.1
  • Statute: A law passed by a legislature.
  • Stillbirth: means stillbirth as defined in section 136A. See Iowa Code 144.31A
  • Subpoena: A command to a witness to appear and give testimony.
  • System of vital statistics: includes the registration, collection, preservation, amendment, and certification of vital statistics records, and activities and records related to the records including the data processing, analysis, and publication of statistical data derived from such records. See Iowa Code 144.1
  • Technician: means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law and includes an enucleator. See Iowa Code 142C.2
  • Technician product verification: means the process by which a certified pharmacy technician provides the final product verification for prescription drugs or devices filled or prepared by a registered pharmacy technician, pharmacist-intern, or with an automated dispensing system. See Iowa Code 155A.3
  • Telepharmacy: means the practice of pharmacy via telecommunications as provided by the board by rule. See Iowa Code 155A.3
  • Telepharmacy site: means a licensed pharmacy that is operated by a managing pharmacy and staffed by one or more qualified certified pharmacy technicians where pharmaceutical care services, including the storage and dispensing of prescription drugs, drug regimen review, and patient counseling, are provided by a licensed pharmacist through the use of technology. See Iowa Code 155A.3
  • 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 restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Terminal condition: means an incurable or irreversible condition that, without the administration of life-sustaining procedures, will, in the opinion of the attending physician, result in death within a relatively short period of time or a state of permanent unconsciousness from which, to a reasonable degree of medical certainty, there can be no recovery. See Iowa Code 144A.2
  • 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
  • Third-party logistics provider: means an entity that provides or coordinates warehousing or other logistics services of a product in interstate commerce on behalf of a manufacturer, wholesale distributor, or dispenser of a product, but does not take ownership of the product nor have responsibility to direct the sale or other disposition of the product. See Iowa Code 155A.3
  • Tissue: means a portion of the human body other than an organ or an eye, but does not include blood unless the blood is donated for the purpose of research or education. See Iowa Code 142C.2
  • Tissue bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue. See Iowa Code 142C.2
  • Tobacco: means both cigarettes and tobacco products as defined in section 453A. See Iowa Code 142A.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.
  • trade name: means the registered trademark name given to a drug product or ingredient by its manufacturer, labeler, or distributor. See Iowa Code 155A.3
  • 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.
  • Ultimate user: means a person who has lawfully obtained and possesses a prescription drug or device 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 155A.3
  • Unborn child: means the same as defined in section 146A. See Iowa Code 146E.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
  • Unit dose packaging: means the packaging of individual doses of a drug in containers which preserve the identity and integrity of the drug from the point of packaging to administration and which are properly labeled pursuant to rules of the board. See Iowa Code 155A.3
  • United States: includes all the states. See Iowa Code 4.1
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • 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
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Vital statistics: means records of births, deaths, fetal deaths, adoptions, marriages, dissolutions, annulments, and data related to the records. See Iowa Code 144.1
  • week: means seven consecutive days. See Iowa Code 4.1
  • Wholesale distribution: means the distribution of a drug to a person other than a consumer or patient, or the receipt of a drug by a person other than a consumer or patient, but does not include any of the following:
  • Wholesale distributor: means a person, other than a manufacturer, a manufacturer's co-licensed partner, a third-party logistics provider, or repackager, engaged in the wholesale distribution of a drug. See Iowa Code 155A.3
  • 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:
  • year: means twelve consecutive months. See Iowa Code 4.1
  • Youth: means a person who is five through twenty-four years of age. See Iowa Code 142A.2