Terms Used In Iowa Code > Chapter 7E - Executive Branch Organization and Responsibilities

• Administrative information: means an individual's name, identifying number, age, sex, address, dates and character of professional services provided to the individual, fees for the professional services, third-party payor name and payor number of a patient, if known, name and location of the facility where treatment is received, the date of the individual's admission to the facility, and the name of the individual's attending physician or attending mental health professional. See Iowa Code 228.1
• Advocate: means a mental health advocate. See Iowa Code 229.1
• Agency with jurisdiction: means an agency which has custody of or releases a person serving a sentence or term of confinement or is otherwise in confinement based upon a lawful order or authority, and includes but is not limited to the department of corrections, the department of health and human services, a judicial district department of correctional services, and the Iowa board of parole. See Iowa Code 229A.2
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Applied behavioral analysis: means the design, implementation, and evaluation of environmental modifications, using behavioral stimuli and consequences, to produce socially significant improvement in human behavior or to prevent loss of attained skill or function, including the use of direct observation, measurement, and functional analysis of the relations between environment and behavior. See Iowa Code 225D.1
• Appraisal: A determination of property value.
• Appropriate secure facility: means a state facility that is designed to confine but not necessarily to treat a sexually violent predator. See Iowa Code 229A.2
• 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
• 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.
• Auditor: means the county auditor or the auditor's designee. See Iowa Code 229.1
• Autism: means autism spectrum disorder as defined in section 514C. See Iowa Code 225D.1
• Autism service provider: means a person providing applied behavioral analysis, who meets all of the following criteria:
   a. See Iowa Code 225D.1
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• 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}
• Catchment area: means a community mental health center catchment area identified in accordance with this chapter. See Iowa Code 230A.102
• center: means a community mental health center designated in accordance with this chapter. See Iowa Code 230A.102
• Chemotherapy: means treatment of an individual by use of a drug or substance which cannot legally be delivered or administered to the ultimate user without a physician's prescription or medical order. See Iowa Code 229.1
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Chief medical officer: means the medical director in charge of a public or private hospital, or that individual's physician-designee. See Iowa Code 229.1
• Child: includes but shall not be limited to a stepchild, foster child, or legally adopted child and means a child actually or apparently under eighteen years of age, and a dependent person eighteen years of age or over who is unable to maintain the person's self and is likely to become a public charge. See Iowa Code 252A.2
• children: means a person or persons under eighteen years of age. See Iowa Code 225C.2
• Clerk: means the clerk of the district court. See Iowa Code 229.1
• 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.
• Clinically relevant: means medically necessary and resulting in the development, maintenance, or restoration, to the maximum extent practicable, of the functioning of an individual. See Iowa Code 225D.1
• collaboration: means the same as defined in section 148C. See Iowa Code 228.1
• Commission: means the mental health and disability services commission. See Iowa Code 225C.2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consumer: means any one of the following:
   a. See Iowa Code 216E.1
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Convicted: includes the conviction of a juvenile prosecuted as an adult. See Iowa Code 229A.2
• 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.
• Council: means the council on health and human services. See Iowa Code 225C.2
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Court: shall mean and include any court upon which jurisdiction has been conferred to determine the liability of persons for the support of dependents. See Iowa Code 252A.2
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Data collector: means a person, other than a mental health professional or an employee of or agent for a mental health facility, who regularly assembles or evaluates mental health information. See Iowa Code 228.1
• Decedent: A deceased person.
• Department: means the department of health and human services. See Iowa Code 249L.2
• Department: means the department of health and human services. See Iowa Code 229.1
• Department: means the department of health and human services. See Iowa Code 229A.2
• Department: means the department of health and human services. See Iowa Code 225D.1
• Department: means the department of health and human services. See Iowa Code 225C.2
• Department: means the department of health and human services. See Iowa Code 230.1
• Diagnostic assessment of autism: means medically necessary assessment, evaluations, or tests performed by a licensed child psychiatrist, developmental pediatrician, or clinical psychologist. See Iowa Code 225D.1
• Director: means the director of health and human services. See Iowa Code 229.1
• Director: means the director of health and human services. See Iowa Code 229A.2
• Director: means the director of health and human services. See Iowa Code 225C.2
• Director: means the director of health and human services. See Iowa Code 230.1
• Disability services: means services and other support available to a person with mental illness, an intellectual disability or other developmental disability, or brain injury. See Iowa Code 225C.2
• Discharge: means an unconditional discharge from the sexually violent predator program. See Iowa Code 229A.2
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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
• Docket: A log containing brief entries of court proceedings.
• Eligible individual: means a child less than fourteen years of age who has been diagnosed with autism based on a diagnostic assessment of autism, is not otherwise eligible for coverage for applied behavioral analysis treatment or applied behavior analysis treatment under the medical assistance program, section 514C. See Iowa Code 225D.1
• 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.
• Federal poverty level: means the most recently revised poverty income guidelines published by the United States department of health and human services. See Iowa Code 225D.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
• fund: means the autism support fund created in section 225D. See Iowa Code 225D.1
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• 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.
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Hospital: means either a public hospital or a private hospital. See Iowa Code 229.1
• Household income: means household income as determined using the modified adjusted gross income methodology pursuant to section 2002 of the federal Patient Protection and Affordable Care Act, Pub. See Iowa Code 225D.1
• 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.
• Institution: means a birthing hospital. See Iowa Code 252A.2
• 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
• 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.
• Law enforcement professional: means a law enforcement officer as defined in section 80B. See Iowa Code 228.1
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• licensed health care professional: means a person licensed under chapter 148 to practice medicine and surgery or osteopathic medicine and surgery, an advanced registered nurse practitioner licensed under chapter 152 or 152E, or a physician assistant licensed under chapter 148C. See Iowa Code 225C.6
• Licensed physician: means an individual licensed under the provisions of chapter 148 to practice medicine and surgery or osteopathic medicine and surgery. See Iowa Code 229.1
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Magistrate: means the same as defined in section 801. See Iowa Code 229.1
• Majority leader: see Floor Leaders
• Medicaid: means assistance provided under the medical assistance program pursuant to chapter 249A. See Iowa Code 225D.1
• Mental abnormality: means a congenital or acquired condition affecting the emotional or volitional capacity of a person and predisposing that person to commit sexually violent offenses to a degree which would constitute a menace to the health and safety of others. See Iowa Code 229A.2
• Mental health and disability services region: means a mental health and disability services region formed in accordance with section 225C. See Iowa Code 229.1
• Mental health and disability services region: means a mental health and disability services region formed in accordance with section 225C. See Iowa Code 225C.2
• Mental health and disability services regional service system: means the mental health and disability service system for a mental health and disability services region. See Iowa Code 225C.2
• Mental health facility: means a community mental health center, hospital, clinic, office, health care facility, infirmary, or similar place in which professional services are provided. See Iowa Code 228.1
• Mental health information: means oral, written, or recorded information which indicates the identity of an individual receiving professional services and which relates to the diagnosis, course, or treatment of the individual's mental or emotional condition. See Iowa Code 228.1
• mental health institute: means a mental health institute designated in section 226. See Iowa Code 230.1
• Mental health professional: means the same as defined in section 228. See Iowa Code 229.1
• mental health professional: means the same as defined in section 228. See Iowa Code 225C.6
• Mental health professional: means an individual who has either of the following qualifications:
   a. See Iowa Code 228.1
• Mental illness: means every type of mental disease or mental disorder, except that it does not refer to an intellectual disability as defined in section 4. See Iowa Code 229.1
• Minority leader: See Floor Leaders
• Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
• 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.
• Nursing facility: means a licensed nursing facility as defined in section 135C. See Iowa Code 249L.2
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• 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: means a petitioner, a respondent, or a person who intervenes in a proceeding instituted under this chapter. See Iowa Code 252A.2
• Patient: means a person who has been hospitalized or ordered hospitalized to receive treatment pursuant to section 229. See Iowa Code 229.1
• Peer review organization: means a utilization and quality control peer review organization that has a contract with the federal secretary of health and human services pursuant to Tit. See Iowa Code 228.1
• 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
• Petitioner: includes each dependent person for whom support is sought in a proceeding instituted pursuant to this chapter or a mother or putative father of a dependent. See Iowa Code 252A.2
• 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.
• Predatory: means acts directed toward a person with whom a relationship has been established or promoted for the primary purpose of victimization. See Iowa Code 229A.2
• Presently confined: means incarceration or detention in a correctional facility, a rehabilitation camp, a residential facility, a county jail, a halfway house, or any other comparable facility, including but not limited to placement at such a facility as a condition of probation, parole, or special sentence following conviction for a sexually violent offense. See Iowa Code 229A.2
• Private hospital: means any hospital or facility not directly supported by public funds, or part of such hospital or facility, which is equipped and staffed to provide inpatient care to persons with mental illness. See Iowa Code 229.1
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Professional services: means diagnostic or treatment services for a mental or emotional condition provided by a mental health professional. See Iowa Code 228.1
• 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.
• Psychiatric advanced registered nurse practitioner: means an individual currently licensed as a registered nurse under chapter 152 or 152E who holds a national certification in psychiatric mental health care and who is licensed by the board of nursing as an advanced registered nurse practitioner. See Iowa Code 229.1
• Public hospital: means any of the following:
   a. See Iowa Code 229.1
• Recent overt act: means any act that has either caused harm of a sexually violent nature or creates a reasonable apprehension of such harm. See Iowa Code 229A.2
• Region: means a mental health and disability services region formed in accordance with section 225C. See Iowa Code 229.1
• Region: means a mental health and disability services region formed in accordance with section 225C. See Iowa Code 230.1
• Regional administrator: means the same as defined in section 225C. See Iowa Code 229.1
• Regional administrator: means the same as defined in section 225C. See Iowa Code 225C.2
• Regional administrator: means the same as defined in section 225C. See Iowa Code 230.1
• Regional autism assistance program: means the regional autism assistance program created in section 256. See Iowa Code 225D.1
• 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).
• Respondent: includes each person against whom a proceeding is instituted pursuant to this chapter. See Iowa Code 252A.2
• Respondent: means any person against whom an application has been filed under section 229. See Iowa Code 229.1
• Rule: includes "regulation". See Iowa Code 4.1
• Safekeeper: means a person who is confined in an appropriate secure facility pursuant to this chapter but who is not subject to an order of commitment pursuant to this chapter. See Iowa Code 229A.2
• 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
• Self-insured employer: means a person which provides accident and health benefits or medical, surgical, or hospital benefits on a self-insured basis to its own employees or to employees of an affiliated company or companies and which does not otherwise provide accident and health benefits or medical, surgical, or hospital benefits. See Iowa Code 228.1
• Serious emotional disturbance: means a diagnosable mental, behavioral, or emotional disorder of sufficient duration to meet diagnostic criteria specified within the most current diagnostic and statistical manual of mental disorders published by the American psychiatric association that results in a functional impairment. See Iowa Code 225C.2
• Serious emotional injury: is a n injury which does not necessarily exhibit any physical characteristics, but which can be recognized and diagnosed by a licensed physician or other mental health professional and which can be causally connected with the act or omission of a person who is, or is alleged to be, mentally ill. See Iowa Code 229.1
• serious mental impairment: describes the condition of a person with mental illness and because of that illness lacks sufficient judgment to make responsible decisions with respect to the person's hospitalization or treatment, and who because of that illness meets any of the following criteria:
   a. See Iowa Code 229.1
• 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.
• Sexually motivated: means that one of the purposes for commission of a crime is the purpose of sexual gratification of the perpetrator of the crime. See Iowa Code 229A.2
• Sexually violent offense: means :
   a. See Iowa Code 229A.2
• Sexually violent predator: means a person who has been convicted of or charged with a sexually violent offense and who suffers from a mental abnormality which makes the person likely to engage in predatory acts constituting sexually violent offenses, if not confined in a secure facility. See Iowa Code 229A.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 board: means the children's behavioral health system state board created in section 225C. See Iowa Code 225C.2
• Statute: A law passed by a legislature.
• subacute mental health services: means all of the following:
   (1) A comprehensive set of wraparound services for persons who have had or are at imminent risk of having acute or crisis mental health symptoms that do not permit the persons to remain in or threatens removal of the persons from their home and community, but who have been determined by a mental health professional and a licensed health care professional, subject to the professional's scope of practice, not to need inpatient acute hospital services. See Iowa Code 225C.6
• Subpoena: A command to a witness to appear and give testimony.
• supported community living services: means services provided in a noninstitutional setting to adult persons with mental illness, an intellectual disability, or developmental disabilities to meet the persons' daily living needs. See Iowa Code 225C.21
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Third-party payor: means a person which provides accident and health benefits or medical, surgical, or hospital benefits, whether on an indemnity, reimbursement, service, or prepaid basis, including but not limited to, insurers, nonprofit health service corporations, health maintenance organizations, governmental agencies, and self-insured employers. See Iowa Code 228.1
• Transitional release: means a conditional release from a secure facility operated by the department with the conditions of such release set by the court or the department. See Iowa Code 229A.2
• Treatment plan: means a plan for the treatment of autism developed by a licensed physician or licensed psychologist pursuant to a comprehensive evaluation or reevaluation performed in consultation with the patient and the patient's representative. See Iowa Code 225D.1
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• undertaking: means a promise or security in any form. See Iowa Code 4.1
• United States: includes all the states. See Iowa Code 4.1
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• week: means seven consecutive days. See Iowa Code 4.1
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• year: means twelve consecutive months. See Iowa Code 4.1