135.11 Duties of department.
The director of public health shall be the head of the “Iowa Department of Public Health”, which shall:
1. Exercise general supervision over the public health, promote public hygiene and sanitation, prevent substance abuse and unless otherwise provided, enforce the laws relating to the same.
2. Conduct campaigns for the education of the people in hygiene and sanitation.
3. Issue monthly health bulletins containing fundamental health principles and other health data deemed of public interest.
4. Make investigations and surveys in respect to the causes of disease and epidemics, and the effect of locality, employment, and living conditions upon the public health. For this purpose the department may use the services of the experts connected with the state hygienic laboratory at the state university of Iowa.
5. Establish stations throughout the state for the distribution of antitoxins and vaccines to physicians, druggists, and other persons, at cost. All antitoxin and vaccine thus distributed shall be labeled “Iowa Department of Public Health”.
6. Exercise general supervision over the administration and enforcement of the sexually transmitted diseases and infections law, chapter 139A, subchapter II.
7. Exercise sole jurisdiction over the disposal and transportation of the dead bodies of human beings and prescribe the methods to be used in preparing such bodies for disposal and transportation. However, the department may approve a request for an exception to the application of specific embalming and disposition rules adopted pursuant to this subsection if such rules would otherwise conflict with tenets and practices of a recognized religious denomination to which the deceased individual adhered or of which denomination the deceased individual was a member. The department shall inform the board of mortuary science of any such approved exception which may affect services provided by a funeral director licensed pursuant to chapter 156.
8. Establish, publish, and enforce rules which require companies, corporations, and other entities to obtain a permit from the department prior to scattering cremated human remains.
9. Exercise general supervision over the administration and enforcement of the vital statistics law, chapter 144.
10. Enforce the law relative to chapter 146 and “Health-related Professions”, Title IV, subtitle 3, excluding chapter 155.
11. Establish and maintain divisions as are necessary for the proper enforcement of the laws administered by the department.
12. Establish, publish, and enforce rules not inconsistent with law for the enforcement of the provisions of chapters 125 and 155, and Title IV, subtitle 2, excluding chapter 146 and for the enforcement of the various laws, the administration and supervision of which are imposed upon the department.
13. Administer healthy aging and essential public health services by approving grants of state funds to the local boards of health for the purposes of promoting healthy aging throughout the lifespan and enhancing health promotion and disease prevention services, and by providing guidelines for the approval of the grants and allocation of the state funds. Guidelines, evaluation requirements and formula allocation procedures for the services shall be established by the department by rule.
14. Administer chapters 125, 136A, 136C, 139A, 142, 142A, 144, and 147A.
15. Issue an annual report to the governor as provided in section 7E.3, subsection 4.
16. Consult with the office of statewide clinical education programs at the university of Iowa college of medicine and annually submit a report to the general assembly by January 15 verifying the number of physicians in active practice in Iowa by county who are engaged in providing obstetrical care. To the extent data are readily available, the report shall include information concerning the number of deliveries per year by specialty and county, the age of physicians performing deliveries, and the number of current year graduates of the university of Iowa college of medicine and the Des Moines university — osteopathic medical center entering into residency programs in obstetrics, gynecology, and family practice. The report may include additional data relating to access to obstetrical services that may be available.
17. Administer the statewide maternal and child health program and the program for children with disabilities by conducting mobile and regional child health specialty clinics and conducting other activities to improve the health of low-income women and children and to promote the welfare of children with actual or potential conditions which may cause disabilities and children with chronic illnesses in accordance with the requirements of Tit. V of the federal Social Security Act. The department shall provide technical assistance to encourage the coordination and collaboration of state agencies in developing outreach centers which provide publicly supported services for pregnant women, infants, and children. The department shall also, through cooperation and collaborative agreements with the department of human services and the mobile and regional child health specialty clinics, establish common intake proceedings for maternal and child health services. The department shall work in cooperation with the legislative services agency in monitoring the effectiveness of the maternal and child health centers, including the provision of transportation for patient appointments and the keeping of scheduled appointments.
18. Establish, publish, and enforce rules requiring prompt reporting of methemoglobinemia, pesticide poisoning, and the reportable poisonings and illnesses established pursuant to section 139A.21.
19. Collect and maintain reports of pesticide poisonings and other poisonings, illnesses, or injuries caused by selected chemical or physical agents, including methemoglobinemia and pesticide and fertilizer hypersensitivity; and compile and publish, annually, a statewide and county-by-county profile based on the reports.
20. Adopt rules which require personnel of a licensed hospice, of a homemaker-home health aide provider agency which receives state homemaker-home health aide funds, or of an agency which provides respite care services and receives funds to complete training concerning blood-borne pathogens, including human immunodeficiency virus and viral hepatitis, consistent with standards from the federal occupational safety and health administration.
21. Adopt rules which require all emergency medical services personnel, fire fighters, and law enforcement personnel to complete training concerning blood-borne pathogens, including human immunodeficiency virus and viral hepatitis, consistent with standards from the federal occupational safety and health administration.
22. Adopt rules which provide for the testing of a convicted or alleged offender for the human immunodeficiency virus pursuant to sections 915.40 through 915.43. The rules shall provide for the provision of counseling, health care, and support services to the victim.
23. Establish ad hoc and advisory committees to the director in areas where technical expertise is not otherwise readily available. Members may be compensated for their actual and necessary expenses incurred in the performance of their duties. To encourage health consumer participation, public members may also receive a per diem as specified in section 7E.6 if funds are available and the per diem is determined to be appropriate by the director. Expense moneys paid to the members shall be paid from funds appropriated to the department. A majority of the members of such a committee constitutes a quorum.
24. Administer annual grants to county boards of health for the purpose of conducting programs for the testing of private water supply wells, the closing of abandoned private water supply wells, and the renovation or rehabilitation of private water supply wells. Grants shall be funded through moneys transferred to the department from the agriculture management account of the groundwater protection fund pursuant to section 455E.11, subsection 2, paragraph “b”, subparagraph (2), subparagraph division (b). The department shall adopt rules relating to the awarding of the grants.
25. Establish and administer, if sufficient funds are available to the department, a program to assess and forecast health workforce supply and demand in the state for the purpose of identifying current and projected workforce needs. The program may collect, analyze, and report data that furthers the purpose of the program. The program shall not release information that permits identification of individual respondents of program surveys.
26. In consultation with the advisory committee for perinatal guidelines, develop and maintain the statewide perinatal program based on the recommendations of the American academy of pediatrics and the American college of obstetricians and gynecologists contained in the most recent edition of the guidelines for perinatal care, and shall adopt rules in accordance with chapter 17A to implement those recommendations. Hospitals within the state shall determine whether to participate in the statewide perinatal program, and select the hospital’s level of participation in the program. A hospital having determined to participate in the program shall comply with the guidelines appropriate to the level of participation selected by the hospital. Perinatal program surveys and reports are privileged and confidential and are not subject to discovery, subpoena, or other means of legal compulsion for their release to a person other than the affected hospital, and are not admissible in evidence in a judicial or administrative proceeding other than a proceeding involving verification of the participating hospital under this subsection.
27. In consultation with the department of corrections, the antibiotic resistance task force, and the American federation of state, county and municipal employees, develop educational programs to increase awareness and utilization of infection control practices in institutions listed in section 904.102.
28. Administer the Iowa youth survey, in collaboration with other state agencies, as appropriate, every two years to students in grades six, eight, and eleven in Iowa’s public and nonpublic schools. Survey data shall be evaluated and reported, with aggregate data available online at the Iowa youth survey internet site.
1. [C97, §2565; C24, 27, 31, 35, 39, §2191; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §135.11(1)]
2, 3. [C24, 27, 31, 35, 39, §2191; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §135.11(2, 3)]
4. [C97, §2565; C24, 27, 31, 35, 39, §2191; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §135.11(4)]
5, 6. [C24, 27, 31, 35, 39, §2191; C46, 50, 54, 58, 62, 66, 71, §135.11(8, 9); C73, 75, 77, 79, 81, §135.11(7, 8)]
7. [S13, §2572-a, -b, -c; C24, 27, 31, 35, 39, §2191; C46, 50, 54, 58, 62, 66, 71, §135.11(11); C73, §135.11(10); C75, 77, 79, 81, §135.11(9)]
8. [C24, 27, 31, 35, 39, §2191; C46, 50, 54, 58, 62, 66, 71, §135.11(12); C73, §135.11(11); C75, 77, 79, 81, §135.11(10)]
9. [S13, §2575-a42; C24, 27, 31, 35, 39, §2191; C46, 50, 54, 58, 62, 66, 71, §135.11(13); C73, §135.11(12); C75, 77, 79, 81, §135.11(11)]
10. [C97, §2565; C24, 27, 31, 35, 39, §2191; C46, 50, 54, 58, 62, 66, 71, §135.11(14); C73, §135.11(13); C75, 77, 79, 81, §135.11(12)]
11, 12. [C24, 27, 31, 35, 39, §2191; C46, 50, 54, 58, 62, 66, 71, §135.11(15, 16); C73, §135.11(14, 15); C75, 77, 79, 81, §135.11(13, 14)]
13. [C97, §2565; C24, 27, 31, 35, 39, §2191; C46, 50, 54, 58, 62, 66, 71, §135.11(17); C73, §135.11(16); C75, 77, 79, 81, §135.11(15)]
14. [C75, 77, 79, 81, §135.11(16)]
15. [82 Acts, ch 1260, §55]
83 Acts, ch 27, §7; 86 Acts, ch 1245, §1104; 87 Acts, ch 8, §2; 87 Acts, ch 115, §22; 87 Acts, ch 225, §202; 88 Acts, ch 1224, §12; 89 Acts, ch 304, §103; 90 Acts, ch 1259, §10; 91 Acts, ch 258, §29; 93 Acts, ch 140, §4; 94 Acts, ch 1023, §11; 94 Acts, ch 1132, §9; 96 Acts, ch 1036, §2; 96 Acts, ch 1128, §1; 96 Acts, ch 1129, §23; 97 Acts, ch 23, §13; 97 Acts, ch 197, §1; 98 Acts, ch 1053, §1; 98 Acts, ch 1087, §1; 98 Acts, ch 1090, §60, 84; 98 Acts, ch 1221, §12; 99 Acts, ch 141, §2; 2000 Acts, ch 1058, §14; 2000 Acts, ch 1066, §37; 2000 Acts, ch 1223, §18; 2001 Acts, ch 58, §3; 2001 Acts, ch 122, §1; 2001 Acts, ch 184, §6
; 2001 Acts, 2nd Ex, ch 1, §25, 28
; 2002 Acts, ch 1108, §7; 2003 Acts, ch 33, §8, 11; 2003 Acts, ch 35, §45, 49; 2003 Acts, ch 44, §36; 2004 Acts, ch 1167, §1; 2005 Acts, ch 89, §2, 3; 2007 Acts, ch 10, §18; 2007 Acts, ch 159, §17; 2008 Acts, ch 1058, §1, 2, 15; 2008 Acts, ch 1084, §11; 2008 Acts, ch 1088, §83; 2008 Acts, ch 1180, §20; 2009 Acts, ch 41, §263; 2009 Acts, ch 151, §30; 2010 Acts, ch 1088, §4 – 6; 2011 Acts, ch 63, §33; 2012 Acts, ch 1113, §22; 2013 Acts, ch 129, §49; 2014 Acts, ch 1106, §1; 2017 Acts, ch 148, §2, 20; 2018 Acts, ch 1041, §127; 2019 Acts, ch 91, §1
Referred to in §231B.4, 237.3, 455E.11
Laboratory tests, §263.7, 263.8
Requirement for department to collaborate with Iowa Medicaid enterprise and child health speciality clinics to integrate initiative for first five years of a child’s life with various integrated care models;
2013 Acts, ch 138, §3, 133
;
2014 Acts, ch 1140, §3
; 2015 Acts, ch 137, §3, 123; 2016 Acts, ch 1139, §3; 2017 Acts, ch 174, §3, 42; 2018 Acts, ch 1165, §6; 2019 Acts, ch 85, §3; 2020 Acts, ch 1121, §1; 2021 Acts, ch 182, §3
Structure Iowa Code
Chapter 135 - DEPARTMENT OF PUBLIC HEALTH
Section 135.2 - Appointment of director and acting director.
Section 135.3 - Disqualifications.
Section 135.6 - Assistants and employees.
Section 135.11 - Duties of department.
Section 135.11A - Professional licensure division — other licensing boards — expenses — fees.
Section 135.11B - Appointment of certain executive directors.
Section 135.14 - State public health dental director — duties.
Section 135.15 - Oral and health delivery systems bureau established — responsibilities.
Section 135.16A - Vendors participating in federal nutrition program — egg sales.
Section 135.17 - Dental screening of children.
Section 135.18 - Conflicting statutes.
Section 135.19 - Viral hepatitis program — awareness, vaccinations, and testing.
Section 135.20 - Hepatitis C awareness program — veterans — vaccinations.
Section 135.22 - Central registry for brain or spinal cord injuries.
Section 135.22A - Advisory council on brain injuries.
Section 135.22B - Brain injury services program.
Section 135.24 - Volunteer health care provider program established — immunity from civil liability.
Section 135.24A - Free clinics — volunteer record check.
Section 135.25 - Emergency medical services fund.
Section 135.26 - Automated external defibrillator grant program.
Section 135.27 - Iowa healthy communities initiative — grant program.
Section 135.27A - Governor’s council on physical fitness and nutrition.
Section 135.28 - State substitute medical decision-making board.
Section 135.29 - Local substitute medical decision-making board.
Section 135.30 - Protective eyeglasses — safety provisions.
Section 135.30A - Breast-feeding in public places.
Section 135.31 - Location of boards — rulemaking.
Section 135.32 - Publication and distribution.
Section 135.33 - Refusal of board to enforce rules.
Section 135.34 - Expenses for enforcing rules.
Section 135.35 - Duty of peace officers.
Section 135.36 - Interference with health officer — penalties.
Section 135.37 - Tattooing — permit requirement — penalty.
Section 135.37A - Natural hair braiding.
Section 135.39A - Gifts and grants fund — appropriation.
Section 135.39B - Early childhood immunizations — content.
Section 135.39C - Elderly wellness services — payor of last resort.
Section 135.39D - Vision screening.
Section 135.39E - Fluoridation in public water supply — notice of discontinuance.
Section 135.40 - Collection and distribution of information.
Section 135.42 - Unlawful use.
Section 135.43 - Iowa child death review team established — duties.
Section 135.63 - Certificate of need required — exclusions.
Section 135.64 - Criteria for evaluation of applications.
Section 135.65 - Letter of intent to precede application — review and comment.
Section 135.66 - Procedure upon receipt of application — public notification.
Section 135.67 - Summary review procedure.
Section 135.68 - Status reports on review in progress.
Section 135.69 - Council to make final decision.
Section 135.70 - Appeal of certificate of need decisions.
Section 135.71 - Period for which certificate is valid — extension or revocation.
Section 135.72 - Authority to adopt rules.
Section 135.74 - Uniform financial reporting.
Section 135.75 - Annual reports by hospitals, health care facilities.
Section 135.76 - Analyses and studies by department.
Section 135.77 - Report to governor and legislature.
Section 135.78 - Data to be compiled.
Section 135.79 - Civil penalty.
Section 135.83 - Contracts for assistance with analyses, studies, and data.
Section 135.100 - Definitions.
Section 135.101 - Childhood lead poisoning prevention program.
Section 135.103 - Grant program.
Section 135.104 - Requirements.
Section 135.105 - Department duties.
Section 135.105D - Blood lead testing — provider education — payor of last resort.
Section 135.106 - Healthy families programs — HOPES-HFI program.
Section 135.107 - Center for rural health and primary care established — duties.
Section 135.108 - Definitions.
Section 135.109 - Iowa domestic abuse death review team membership.
Section 135.110 - Iowa domestic abuse death review team powers and duties.
Section 135.111 - Confidentiality of domestic abuse death records.
Section 135.118 - Child protection center grant program.
Section 135.119 - Shaken baby syndrome prevention program.
Section 135.120 - Taxation of organized delivery systems.
Section 135.130 - Substance abuse treatment facility for persons on probation.
Section 135.131 - Universal newborn and infant hearing screening.
Section 135.132 - Interagency pharmaceuticals bulk purchasing council.
Section 135.140 - Definitions.
Section 135.142 - Health care supplies.
Section 135.143 - Public health response teams.
Section 135.144 - Additional duties of the department related to a public health disaster.
Section 135.145 - Information sharing.
Section 135.146 - First responder vaccination program.
Section 135.147 - Immunity for emergency aid — exceptions.
Section 135.150 - Gambling treatment program — standards and licensing.
Section 135.152 - Statewide obstetrical and newborn indigent patient care program.
Section 135.153 - Iowa collaborative safety net provider network established.
Section 135.153A - Safety net provider recruitment and retention initiatives program — repeal.
Section 135.157 - Definitions.
Section 135.158 - Medical home purposes — characteristics.
Section 135.159 - Patient-centered health advisory council.
Section 135.160 - Definitions.
Section 135.161 - Prevention and chronic care management initiative — advisory council.
Section 135.162 - Clinicians advisory panel.
Section 135.163 - Health care access.
Section 135.164 - Strategic plan.
Section 135.166 - Health data — collection and use — collection from hospitals.
Section 135.171 - Alzheimer’s disease service needs.
Section 135.173 - Early childhood Iowa council.
Section 135.173A - Child care advisory committee.
Section 135.174 - Lead agency and other state agencies.
Section 135.175 - Health care workforce support initiative — workforce shortage fund — accounts.
Section 135.176 - Medical residency training state matching grants program.
Section 135.177 - Physician assistant mental health fellowship program — repeal.
Section 135.178 - Nurse residency state matching grants program.
Section 135.179 - Fulfilling Iowa’s need for dentists.
Section 135.180 - Mental health professional shortage area program.
Section 135.185 - Epinephrine auto-injector supply.
Section 135.190 - Possession and administration of opioid antagonists — immunity.
Section 135.191 - Stroke care — continuous quality improvement.
Section 135.192 - Protections of certain prospective recipients of anatomical gifts.