135.62 Department to administer subchapter — health facilities council established — appointments — powers and duties.
1. This subchapter shall be administered by the department. The director shall employ or cause to be employed the necessary persons to discharge the duties imposed on the department by this subchapter.
2. There is established a state health facilities council consisting of five persons appointed by the governor. The council shall be within the department for administrative and budgetary purposes.
a. Qualifications. The members of the council shall be chosen so that the council as a whole is broadly representative of various geographical areas of the state and no more than three of its members are affiliated with the same political party. Each council member shall be a person who has demonstrated by prior activities an informed concern for the planning and delivery of health services. A member of the council and any spouse of a member shall not, during the time that member is serving on the council, do either of the following:
(1) Be a health care provider nor be otherwise directly or indirectly engaged in the delivery of health care services nor have a material financial interest in the providing or delivery of health services.
(2) Serve as a member of any board or other policymaking or advisory body of an institutional health facility, a health maintenance organization, or any health or hospital insurer.
b. Appointments. Terms of council members shall be six years, beginning and ending as provided in section 69.19. A member shall be appointed in each odd-numbered year to succeed each member whose term expires in that year. Vacancies shall be filled by the governor for the balance of the unexpired term. Each appointment to the council is subject to confirmation by the senate. A council member is ineligible for appointment to a second consecutive term, unless first appointed to an unexpired term of three years or less.
c. Chairperson. The governor shall designate one of the council members as chairperson. That designation may be changed not later than July 1 of any odd-numbered year, effective on the date of the organizational meeting held in that year under paragraph “d”.
d. Meetings. The council shall hold an organizational meeting in July of each odd-numbered year, or as soon thereafter as the new appointee or appointees are confirmed and have qualified. Other meetings shall be held as necessary to enable the council to expeditiously discharge its duties. Meeting dates shall be set upon adjournment or by call of the chairperson upon five days’ notice to the other members.
e. Duties. The council shall do all of the following:
(1) Make the final decision, as required by section 135.69, with respect to each application for a certificate of need accepted by the department.
(2) Determine and adopt such policies as are authorized by law and are deemed necessary to the efficient discharge of its duties under this subchapter.
(3) Have authority to direct staff personnel of the department assigned to conduct formal or summary reviews of applications for certificates of need.
(4) Advise and counsel with the director concerning the provisions of this subchapter and the policies and procedures adopted by the department pursuant to this subchapter.
(5) Review and approve, prior to promulgation, all rules adopted by the department under this subchapter.
[C79, 81, §135.62]
86 Acts, ch 1245, §1109; 88 Acts, ch 1277, §26; 90 Acts, ch 1256, §30; 91 Acts, ch 225, §2, 3; 97 Acts, ch 93, §3; 2009 Acts, ch 41, §40; 2019 Acts, ch 24, §104; 2019 Acts, ch 85, §83
Confirmation, see §2.32
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.