147.80 - ESTABLISHMENT OF FEES -- ADMINISTRATIVE COSTS.
147.80 ESTABLISHMENT OF FEES -- ADMINISTRATIVE
COSTS.
1. Each board may by rule establish fees for the following based
on the costs of sustaining the board and the actual costs of the
service:
a. Examinations.
b. Licensure, certification, or registration.
c. Renewal of licensure, certification, or registration.
d. Renewal of licensure, certification, or registration
during the grace period.
e. Reinstatement or reactivation of licensure, certification,
or registration.
f. Issuance of a certified statement that a person is
licensed, registered, or has been issued a certificate to practice in
this state.
g. Issuance of a duplicate license, registration, or
certificate, which shall be so designated on its face. A board may
require satisfactory proof that the original license, registration,
or certificate issued by the board has been lost or destroyed.
h. Issuance of a renewal card.
i. Verification of licensure, registration, or certification.
j. Returned checks.
k. Inspections.
2. Each board shall annually prepare estimates of projected
revenues to be generated by the fees received by the board as well as
a projection of the fairly apportioned administrative costs and
rental expenses attributable to the board. Each board shall annually
review and adjust its schedule of fees to cover projected expenses.
3. The board of medicine, the board of pharmacy, the dental
board, and the board of nursing shall retain individual executive
officers, but shall make every effort to share administrative,
clerical, and investigative staff to the greatest extent possible.
Section History: Early Form
[C97, § 2576, 2597, 2590; S13, § 2575-a30, -a38, -a39, 2582,
2583-a, -l, 2589-d, 2600-d; C24, 27, 31, 35, 39, § 2516; C46, 50,
54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 147.80; 81 Acts, ch 2, §
10(5), ch 5, § 4(5)]
1. [C97, § 2597; S13, § 2600-d, -m; C24, 27, 31,
35, 39, § 2516; C46, 50, 54, 58, 62, § 147.80(1, 2, 7); C66, 71,
73, § 147.80(1, 7); C75, 77, 79, 81, § 147.80(1)]
2. [C97, § 2590; S13, § 2589-b, -d; C24, 27, 31,
35, 39, § 2516; C46, 50, 54, 58, 62, § 147.80(5--7); C66, 71, 73,
§ 147.80(1, 7); C75, 77, 79, 81, § 147.80(2)]
3. [C97, § 2576; S13, § 2576, 2582, 2583-a; C24,
27, 31, 35, 39, § 2516; C46, 50, 54, 58, 62, § 147.80(1--4); C66,
71, 73, § 147.80(2, 7); C75, 77, 79, 81, § 147.80(3)]
4. [C75, 77, 79, 81, § 147.80(4)]
6. [C24, 27, 31, 35, 39, § 2516; C46, 50, 54,
58, 62, 66, 71, 73, § 147.80(3, 4, 7); C75, 77, 79, 81, § 147.80(5)]
7. [C24, 27, 31, 35, 39, § 2516; C46, 50, 54,
58, 62, 66, 71, 73, § 147.80(3, 4, 7); C75, 77, 79, 81, § 147.80(6)]
8. [C66, 71, 73, § 147.80(3, 4, 7); C75, 77, 79,
81, § 147.80(7)]
10. [S13, § 2583-l, -n; C24, 27, 31, 35, 39, §
2516; C46, 50, 54, 58, 62, 66, 71, 73, § 147.80(3, 4, 7); C75,
77, 79, 81, § 147.80(8)]
11. [C24, 27, 31, 35, 39, § 2516; C46, 50, 54,
58, 62, 66, 71, 73, § 147.80(5--7); C75, 77, 79, 81, § 147.80(9)]
12. [S13, § 2575-a38, -a39; C24, 27, 31, 35, 39, §
2516; C46, 50, 54, 58, 62, 66, 71, 73, § 147.80(5--7); C75, 77,
79, 81, § 147.80(10)]
13. [S13, § 2575-a30; C24, 27, 31, 35, 39, §
2516; C46, 50, 54, 58, 62, § 147.80(5--7); C66, § 147.80(6, 7,
16, 17); C71, 73, § 147.80(6, 7, 19, 20); C75, 77, 79, 81, §
147.80(11)]
14. [C66, § 147.80(19); C71, 73, § 147.80(22); C75,
77, 79, 81, § 147.80(12)]
15. [C27, § 2516(5--7); C31, 35, 39, § 2516(5--7,
11, 13); C46, 50, 54, 58, 62, § 147.80(5--7, 11, 13); C66, 71, 73,
§ 147.80(5--7, 10, 11); C75, 77, 79, 81, § 147.80(13)]
16. [C27, 31, 35, 39, § 2516; C46, 50, 54, §
147.80(5--7, 12, 13); C58, 62, 66, § 147.80(5--7, 12--14); C71, 73, §
147.80(5--7, 12--17); C75, 77, 79, 81, § 147.80(14)]
17. [C77, 79, 81, § 147.80(15)]
18. [C81, § 147.80(16)]
19. [C81, § 147.80(17)]
24. [S13, § 2600-n; C24, 27, 31, 35, 39, §
2516; C46, 50, 54, 58, 62, 66, 71, 73, § 147.80(8); C75, §
147.80(15); C77, 79, § 147.80(16); C81, § 147.80(18)]
25. [C66, 71, 73, § 147.80(18); C75, § 147.80(16);
C77, 79, § 147.80(17); C81, § 147.80(19)] Section History: Recent Form
84 Acts, ch 1075, § 12; 85 Acts, ch 168, § 7; 85 Acts, ch 246, §
1; 88 Acts, ch 1225, § 11; 89 Acts, ch 240, § 1; 91 Acts, ch 228, §
2; 91 Acts, ch 229, § 5; 92 Acts, ch 1183, § 5; 92 Acts, ch 1205, §
17; 93 Acts, ch 86, § 14; 96 Acts, ch 1036, § 22; 98 Acts, ch 1053,
§20; 2000 Acts, ch 1002, §2; 2000 Acts, ch 1053, §4; 2001 Acts, ch
24, §31; 2001 Acts, ch 58, §8; 2003 Acts, ch 93, §2, 14; 2004 Acts,
ch 1175, §425, 433; 2005 Acts, ch 175, §85; 2006 Acts, ch 1155, §5,
15; 2007 Acts, ch 10, §63; 2007 Acts, ch 218, §199, 200; 2008 Acts,
ch 1088, §33; 2009 Acts, ch 133, §49
Referred to in § 147.82, 157.4, 157.8, 157.11, 158.4, 158.7, 158.9
147.81 Repealed by 81 Acts, ch 5, § 10; 82 Acts, ch
1005, § 9.
147.82 FEE RETENTION.
All fees collected by a board listed in section 147.13 or by the
department for the bureau of professional licensure, and fees
collected pursuant to sections 124.301 and 147.80 and chapter 155A by
the board of pharmacy, shall be retained by each board or by the
department for the bureau of professional licensure. The moneys
retained by a board shall be used for any of the board's duties,
including but not limited to the addition of full-time equivalent
positions for program services and investigations. Revenues retained
by a board pursuant to this section shall be considered repayment
receipts as defined in section 8.2. Notwithstanding section 8.33,
moneys retained by a board pursuant to this section are not subject
to reversion to the general fund of the state. Section History: Early Form
[C97, § 2583; S13, § 2575-a44, 2583-a, -s; C24, 27, 31, 35, 39, §
2518; C46, 50, 54, 58, 62, 66, § 147.82; C71, 73, § 147.82,
153.4; C75, 77, 79, 81, § 147.82] Section History: Recent Form
2005 Acts, ch 175, §86; 2006 Acts, ch 1155, §6, 15; 2006 Acts, ch
1184, §86; 2007 Acts, ch 10, §184; 2008 Acts, ch 1088, §34
Referred to in § 147.25, 153.37 Footnotes
Nonreversion of unencumbered or unobligated funds appropriated or
received as fees or repayment receipts for the fiscal period
beginning July 1, 2006, and ending July 1, 2007, until the close of
the next succeeding fiscal year; 2006 Acts, ch 1155, §14, 15
147.83 INJUNCTION.
Any person engaging in any business or in the practice of any
profession for which a license is required by this subtitle without
such license may be restrained by permanent injunction. Section History: Early Form
[C24, 27, 31, 35, 39, § 2519; C46, 50, 54, 58, 62, 66, 71, 73,
75, 77, 79, 81, § 147.83] Section History: Recent Form
94 Acts, ch 1132, §24; 96 Acts, ch 1036, § 23; 98 Acts, ch 1053,
§21
Referred to in § 154C.2, 156.16
Injunctions, R.C.P. 1.1501--1.1511
147.84 FORGERIES.
Any person who files or attempts to file with a board any false or
forged diploma, certificate or affidavit of identification or
qualification, or other document shall be guilty of a fraudulent
practice. Section History: Early Form
[C97, § 2580, 2595; S13, § 2583-d; C24, 27, 31, 35, 39, §
2520; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 147.84]
Section History: Recent Form
2008 Acts, ch 1088, §35
Referred to in § 148.6
See chapter 715A
Fraudulent practice, see §714.8
147.85 FRAUD.
Any person who presents to a board a diploma or certificate of
which the person is not the rightful owner, for the purpose of
procuring a license, or who falsely impersonates anyone to whom a
license has been issued by the board shall be guilty of a serious
misdemeanor. Section History: Early Form
[C97, § 2580, 2581, 2595; S13, § 2575-a45, 2581, 2583-c, -d; C24,
27, 31, 35, 39, § 2521; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77,
79, 81, § 147.85] Section History: Recent Form
2008 Acts, ch 1088, §36; 2009 Acts, ch 133, §50
Referred to in § 148.6
147.86 PENALTIES.
Any person violating any provision of this or the following
chapters of this subtitle, except insofar as the provisions apply or
relate to or affect the practice of pharmacy, or where a specific
penalty is otherwise provided, shall be guilty of a serious
misdemeanor. Section History: Early Form
[C97, § 2580, 2581, 2588, 2590, 2591, 2595; S13, § 2575-a35, -a45,
2581, 2583-d, -r, 2589-d, 2600-o4; SS15, § 2588; C24, 27, 31, 35, 39,
§ 2522; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
147.86] Section History: Recent Form
92 Acts, ch 1183, § 6; 94 Acts, ch 1023, §12; 94 Acts, ch 1132,
§25; 96 Acts, ch 1036, § 24; 98 Acts, ch 1053, §22
Referred to in § 147.107, 147.108, 147.109
147.87 ENFORCEMENT.
A board shall enforce the provisions of this chapter and the
board's enabling statute and for that purpose may request the
department of inspections and appeals to make necessary
investigations. Every licensee and member of a board shall furnish
the board or the department of inspections and appeals such evidence
as the member or licensee may have relative to any alleged violation
which is being investigated. Section History: Early Form
[C24, 27, 31, 35, 39, § 2523; C46, 50, 54, 58, 62, 66, 71, 73,
75, 77, 79, 81, § 147.87] Section History: Recent Form
90 Acts, ch 1204, §19; 94 Acts, ch 1132, §26; 96 Acts, ch 1036, §
25; 98 Acts, ch 1053, §23; 2007 Acts, ch 10, §64; 2008 Acts, ch 1088,
§37; 2009 Acts, ch 41, §53
Referred to in § 152.10, 153.36, 156.9
Continuing education and regulation, chapter 272C
147.88 INSPECTIONS AND INVESTIGATIONS.
The department of inspections and appeals may perform inspections
and investigations as required by this subtitle, except inspections
and investigations for the board of medicine, board of pharmacy,
board of nursing, and the dental board. The department of
inspections and appeals shall employ personnel related to the
inspection and investigative functions. Section History: Early Form
[C31, 35, § 2523-c1; C39, § 2523.1; C46, 50, 54, 58, 62, 66,
71, 73, 75, 77, 79, 81, § 147.88] Section History: Recent Form
90 Acts, ch 1204, §20; 94 Acts, ch 1132, §27; 96 Acts, ch 1036, §
26; 98 Acts, ch 1053, §24; 2007 Acts, ch 10, §65; 2007 Acts, ch 218,
§201; 2008 Acts, ch 1088, §38
Referred to in § 152.10, 153.36
147.89 REPORT OF VIOLATORS.
Every licensee and member of a board shall report to the board the
name of any person without the required license if the licensee or
member of the board has reason to believe the person is practicing
the profession without a license. Section History: Early Form
[C24, 27, 31, 35, 39, § 2524; C46, 50, 54, 58, 62, 66, 71, 73,
75, 77, 79, 81, § 147.89] Section History: Recent Form
2007 Acts, ch 10, §66; 2008 Acts, ch 1088, §39; 2009 Acts, ch 41,
§54
Referred to in § 152.10, 153.36
147.90 RULES AND FORMS. Repealed by 2008 Acts, ch
1088, § 78.
147.91 PUBLICATIONS.
Each board shall provide access to the laws and rules regulating
the board to the public upon request and shall make this information
available through the internet. Section History: Early Form
[C24, 27, 31, 35, 39, § 2526; C46, 50, 54, 58, 62, 66, 71, 73,
75, 77, 79, 81, § 147.91] Section History: Recent Form
90 Acts, ch 1204, §22; 2001 Acts, ch 58, §9; 2007 Acts, ch 10,
§67; 2008 Acts, ch 1088, §40
Referred to in § 153.36
147.92 ATTORNEY GENERAL.
Upon request of a board the attorney general shall institute in
the name of the state the proper proceedings against any person
charged by the board with violating any provision of this or the
following chapters of this subtitle. Section History: Early Form
[S13, § 2600-o7; C24, 27, 31, 35, 39, § 2527; C46, 50, 54, 58,
62, 66, 71, 73, 75, 77, 79, 81, § 147.92] Section History: Recent Form
94 Acts, ch 1132, §29; 94 Acts, ch 1173, §8; 96 Acts, ch 1036, §
28; 98 Acts, ch 1053, §26; 2008 Acts, ch 1088, §41
Referred to in § 153.36
147.93 PRIMA FACIE EVIDENCE.
The opening of an office or place of business for the practice of
any profession for which a license is required by this subtitle, the
announcing to the public in any way the intention to practice any
such profession, the use of any professional degree or designation,
or of any sign, card, circular, device, internet website, or
advertisement, as a practitioner of any such profession, or as a
person skilled in the same, shall be prima facie evidence of engaging
in the practice of such profession. Section History: Early Form
[S13, § 2575-a28, -a31, 2600-o; C24, 27, 31, 35, 39, § 2528;
C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 147.93] Section History: Recent Form
94 Acts, ch 1132, §30; 96 Acts, ch 1036, § 29; 98 Acts, ch 1053,
§27; 2008 Acts, ch 1088, §42
147.94 THROUGH 147.96 Repealed by 2008 Acts, ch
1088, § 79.
147.97 Reserved.
147.98 THROUGH 147.100 Repealed by 2008 Acts, ch
1088, § 79.
147.101 Repealed by 74 Acts, ch 1086, § 198.
147.102 PSYCHOLOGISTS, CHIROPRACTORS, AND DENTISTS.
Repealed by 2008 Acts, ch 1088, § 79.
147.103 INVESTIGATORS FOR PHYSICIAN ASSISTANTS.
Repealed by 2008 Acts, ch 1088, § 79. See § 148C.13.
147.103A PHYSICIANS AND SURGEONS, OSTEOPATHS, AND
OSTEOPATHIC PHYSICIANS AND SURGEONS. Repealed by 2008 Acts, ch
1088, § 79. See chapter 148.
147.104 RECORDS. Repealed by 2008 Acts, ch 1088, §
78.
147.105 Reserved.
147.106 ANATOMIC PATHOLOGY SERVICES -- BILLING.
1. A physician or a clinical laboratory located in this state or
in another state that provides anatomic pathology services to a
patient in this state shall present or cause to be presented a claim,
bill, or demand for payment for such services only to the following
persons:
a. The patient who is the recipient of the services.
b. The insurer or other third-party payor responsible for
payment of the services.
c. The hospital that ordered the services.
d. The public health clinic or nonprofit clinic that ordered
the services.
e. The referring clinical laboratory, other than the
laboratory of a physician's office or group practice, that ordered
the services. A laboratory of a physician's office or group practice
that ordered the services may be presented a claim, bill, or demand
for payment if a physician in the physician's office or group
practice is performing the professional component of the anatomic
pathology services.
f. A governmental agency or a specified public or private
agent, agency, or organization that is responsible for payment of the
services on behalf of the recipient of the services.
2. Except as provided under subsections 5 and 6, a clinical
laboratory or a physician providing anatomic pathology services to
patients in this state shall not, directly or indirectly, charge,
bill, or otherwise solicit payment for such services unless the
services were personally rendered by the clinical laboratory or the
physician or under the direct supervision of the clinical laboratory
or the physician in accordance with section 353 of the federal Public
Health Service Act, 42 U.S.C. § 263a.
3. A person to whom a claim, bill, or demand for payment for
anatomic pathology services is submitted is not required to pay the
claim, bill, or demand for payment if the claim, bill, or demand for
payment is submitted in violation of this section.
4. This section shall not be construed to mandate the assignment
of benefits for anatomic pathology services as defined in this
section.
5. This section does not prohibit claims or charges presented to
a referring clinical laboratory, other than a laboratory of a
physician's office or group practice unless in accordance with
subsection 1, paragraph "e", by another clinical laboratory when
samples are transferred between laboratories for the provision of
anatomic pathology services.
6. This section does not prohibit claims or charges for anatomic
pathology services presented on behalf of a public health clinic or
nonprofit clinic that ordered the services provided that the clinic
is identified on the claim or charge presented.
7. A violation of this section by a physician shall subject the
physician to the disciplinary provisions of section 272C.3,
subsection 2.
8. As used in this section:
a. "Anatomic pathology services" includes all of the
following:
(1) Histopathology or surgical pathology, meaning the gross and
microscopic examination and histologic processing of organ tissue
performed by a physician or under the supervision of a physician.
(2) Cytopathology, meaning the examination of cells from fluids,
aspirates, washings, brushings, or smears, including the Pap test
examination, performed by a physician or under the supervision of a
physician.
(3) Hematology, meaning the microscopic evaluation of bone marrow
aspirates and biopsies performed by a physician or under the
supervision of a physician, and the examination of peripheral blood
smears performed by a physician or under the supervision of a
physician upon the request of an attending or treating physician or
technologist that a blood smear be reviewed by a physician.
(4) Subcellular pathology and molecular pathology services
performed by a physician or under the supervision of a physician.
(5) Bloodbanking services performed by a physician or under the
supervision of a physician.
b. "Physician" means any person licensed to practice medicine
and surgery or osteopathic medicine and surgery in this state or in
another state. Section History: Recent Form
2005 Acts, ch 10, §1; 2005 Acts, ch 179, §120; 2006 Acts, ch 1185,
§73, 74; 2008 Acts, ch 1088, §95
147.107 DRUG DISPENSING, SUPPLYING, AND PRESCRIBING
-- LIMITATIONS.
1. A person, other than a pharmacist, physician, dentist,
podiatric physician, or veterinarian who dispenses as an incident to
the practice of the practitioner's profession, shall not dispense
prescription drugs or controlled substances.
2. a. A pharmacist, physician, dentist, or podiatric
physician who dispenses prescription drugs, including but not limited
to controlled substances, for human use, may delegate nonjudgmental
dispensing functions to staff assistants only when verification of
the accuracy and completeness of the dispensing is determined by the
pharmacist or practitioner in the pharmacist's or practitioner's
physical presence. However, the physical presence requirement does
not apply when a pharmacist or practitioner is utilizing an automated
dispensing system or when a pharmacist is utilizing a tech-check-tech
program, as defined in section 155A.3. When using an automated
dispensing system the pharmacist or practitioner shall utilize an
internal quality control assurance plan that ensures accuracy for
dispensing. When using a tech-check-tech program the pharmacist
shall utilize an internal quality control assurance plan, in
accordance with rules adopted by the board of pharmacy, that ensures
accuracy for dispensing. Verification of automated dispensing and
tech-check-tech accuracy and completeness remains the responsibility
of the pharmacist or practitioner and shall be determined in
accordance with rules adopted by the board of pharmacy, the board of
medicine, the dental board, and the board of podiatry for their
respective licensees.
b. A dentist, physician, or podiatric physician who dispenses
prescription drugs, other than drug samples, pursuant to this
subsection, shall report the fact that they dispense prescription
drugs with the practitioner's respective board at least biennially.
c. A physician, dentist, or podiatric physician who dispenses
prescription drugs, other than drug samples, pursuant to this
subsection, shall offer to provide the patient with a written
prescription that may be dispensed from a pharmacy of the patient's
choice or offer to transmit the prescription orally, electronically,
or by facsimile in accordance with section 155A.27 to a pharmacy of
the patient's choice.
3. A physician assistant or registered nurse may supply, when
pharmacist services are not reasonably available or when it is in the
best interests of the patient, on the direct order of the supervising
physician, a quantity of properly packaged and labeled prescription
drugs, controlled substances, or contraceptive devices necessary to
complete a course of therapy. However, a remote clinic, staffed by a
physician assistant or registered nurse, where pharmacy services are
not reasonably available, shall secure the regular advice and
consultation of a pharmacist regarding the distribution, storage, and
appropriate use of such drugs, substances, and devices.
4. Notwithstanding subsection 3, a physician assistant shall not
dispense prescription drugs as an incident to the practice of the
supervising physician or the physician assistant, but may supply,
when pharmacist services are not reasonably available, or when it is
in the best interests of the patient, a quantity of properly packaged
and labeled prescription drugs, controlled substances, or medical
devices necessary to complete a course of therapy. However, a remote
clinic, staffed by a physician assistant, where pharmacy services are
not reasonably available, shall secure the regular advice and
consultation of a pharmacist regarding the distribution, storage, and
appropriate use of such drugs, substances, and devices. Prescription
drugs supplied under the provisions of this subsection shall be
supplied for the purpose of accommodating the patient and shall not
be sold for more than the cost of the drug and reasonable overhead
costs, as they relate to supplying prescription drugs to the patient,
and not at a profit to the physician or the physician assistant. If
prescription drug supplying authority is delegated by a supervising
physician to a physician assistant, a nurse or staff assistant may
assist the physician assistant in providing that service. Rules
shall be adopted by the board of physician assistants, after
consultation with the board of pharmacy, to implement this
subsection.
5. Notwithstanding subsection 1 and any other provision of this
section to the contrary, a physician may delegate the function of
prescribing drugs, controlled substances, and medical devices to a
physician assistant licensed pursuant to chapter 148C. When
delegated prescribing occurs, the supervising physician's name shall
be used, recorded, or otherwise indicated in connection with each
individual prescription so that the individual who dispenses or
administers the prescription knows under whose delegated authority
the physician assistant is prescribing. Rules relating to the
authority of physician assistants to prescribe drugs, controlled
substances, and medical devices pursuant to this subsection shall be
adopted by the board of physician assistants, after consultation with
the board of medicine and the board of pharmacy. However, the rules
shall prohibit the prescribing of schedule II controlled substances
which are listed as depressants pursuant to chapter 124.
6. Health care providers shall consider the instructions of the
physician assistant to be instructions of the supervising physician
if the instructions concern duties delegated to the physician
assistant by a supervising physician.
7. Notwithstanding subsection 1, a family planning clinic may
dispense birth control drugs and devices upon the order of a
physician. Subsections 2 and 3 do not apply to a family planning
clinic under this subsection.
8. Notwithstanding subsection 1, but subject to the limitations
contained in subsections 2 and 3, a registered nurse who is licensed
and registered as an advanced registered nurse practitioner and who
qualifies for and is registered in a recognized nursing specialty may
prescribe substances or devices, including controlled substances or
devices, if the nurse is engaged in the practice of a nursing
specialty regulated under rules adopted by the board of nursing in
consultation with the board of medicine and the board of pharmacy.
9. Notwithstanding section 147.86, a person, including a
pharmacist, who violates this section is guilty of a simple
misdemeanor. Section History: Recent Form
84 Acts, ch 1006, § 1; 88 Acts, ch 1232, § 1; 91 Acts, ch 238, §
1; 91 Acts, ch 239, § 1; 92 Acts, ch 1163, § 37; 92 Acts, ch 1183, §
10; 94 Acts, ch 1134, §1; 95 Acts, ch 108, §5; 2002 Acts, ch 1108,
§13; 2003 Acts, ch 93, §3, 14; 2003 Acts, ch 108, §39; 2004 Acts, ch
1036, §8; 2004 Acts, ch 1101, § 22; 2006 Acts, ch 1094, §1; 2007
Acts, ch 10, §78; 2007 Acts, ch 218, §202; 2008 Acts, ch 1016, §1;
2008 Acts, ch 1088, §43
Referred to in § 154.1, 155A.2, 155A.4, 280.16
See also § 154.1, 155A.4
147.108 CONTACT LENS PRESCRIBING AND DISPENSING.
1. A person shall not dispense or adapt contact lenses without
first receiving authorization to do so by a written, electronic, or
facsimile prescription, except when authorized orally under
subsection 2, from a person licensed under chapter 148 or 154. The
board of optometry shall adopt rules relating to electronic or
facsimile transmission of a prescription under this section.
2. After contact lenses have been adequately adapted and the
patient released from initial follow-up care by a person licensed
under chapter 148 or 154, the patient may request a copy, at no cost,
of the contact lens prescription from that licensed person. A person
licensed under chapter 148 or 154 shall not withhold a contact lens
prescription after the requirements of this section have been met.
The prescription, at the option of the prescriber, may be given
orally only to a person who is actively practicing and licensed under
chapter 148, 154, or 155A. The contact lens prescription shall
contain an expiration date, at the discretion of the prescriber, but
not to exceed eighteen months. The contact lens prescription shall
contain the necessary requirements of the ophthalmic lens, and the
prescription validation requirements as defined by rules adopted
pursuant to this section. The prescription may contain adapting and
material guidelines and may also contain specific instructions for
use by the patient. For the purpose of this section, "ophthalmic
lens" means one which has been fabricated to fill the requirements
of a particular contact lens prescription.
3. A person who fills a contact lens prescription shall maintain
a file of a valid prescription for a period of two years.
4. Notwithstanding section 147.86, a person who violates this
section is guilty of a simple misdemeanor for a first violation.
Subsequent violations are governed by section 147.86. Section History: Recent Form
94 Acts, ch 1098, §1; 2004 Acts, ch 1036, §9; 2007 Acts, ch 10,
§79; 2008 Acts, ch 1088, §96
147.109 OPHTHALMIC SPECTACLE LENS PRESCRIBING AND
DISPENSING.
1. A person shall not dispense or adapt an ophthalmic spectacle
lens or lenses without first receiving authorization to do so by a
written, electronic, or facsimile prescription from a person licensed
under chapter 148 or 154. For the purpose of this section,
"ophthalmic spectacle lens" means one which has been fabricated
to fill the requirements of a particular spectacle lens prescription.
The board of optometry shall adopt rules relating to electronic or
facsimile transmission of a prescription under this section.
2. Upon completion of an eye examination, a person licensed under
chapter 148 or 154 shall furnish the patient a copy of their
ophthalmic spectacle lens prescription at no cost. The ophthalmic
spectacle lens prescription shall contain an expiration date. The
ophthalmic spectacle lens prescription shall contain the requirements
of the ophthalmic spectacle lens and the prescription validation
requirements as defined by rules adopted pursuant to this section.
The prescription, at the option of the prescriber, may contain
adapting and material guidelines and may also contain specific
instructions for use by the patient.
3. Upon request of a patient, a person licensed under chapter 148
or 154 shall provide the prescription of the patient, if the
prescription has not expired, at no cost to another person licensed
under chapter 148 or 154. The person licensed under chapter 148 or
154 shall accept the prescription and shall not require the patient
to undergo an eye examination unless, due to observation or patient
history, the licensee has reason to require an examination.
4. A dispenser shall maintain a file of a valid prescription for
a period of two years.
5. Notwithstanding section 147.86, a person who violates this
section is guilty of a simple misdemeanor for a first violation.
Subsequent violations are governed by section 147.86. Section History: Recent Form
94 Acts, ch 1098, §2; 2004 Acts, ch 1036, §10; 2007 Acts, ch 10,
§80; 2008 Acts, ch 1088, §97
147.110 Reserved.
147.111 REPORT OF TREATMENT OF WOUNDS AND OTHER
INJURIES.
Any person licensed under the provisions of this subtitle who
shall administer any treatment to any person suffering a gunshot or
stab wound or other serious injury, as defined in section 702.18,
which appears to have been received in connection with the commission
of a criminal offense, or to whom an application is made for
treatment of any nature because of any such gunshot or stab wound or
other serious injury, as defined in section 702.18, shall at once but
not later than twelve hours thereafter, report that fact to the law
enforcement agency within whose jurisdiction the treatment was
administered or an application therefor was made, or if
ascertainable, to the law enforcement agency in whose jurisdiction
the gunshot or stab wound or other serious injury occurred, stating
the name of such person, the person's residence if ascertainable, and
giving a brief description of the gunshot or stab wound or other
serious injury. Any provision of law or rule of evidence relative to
confidential communications is suspended insofar as the provisions of
this section are concerned. Section History: Early Form
[C31, 35, § 2537-d1; C39, § 2537.7; C46, 50, 54, 58, 62, 66,
71, 73, 75, 77, 79, 81, § 147.111] Section History: Recent Form
93 Acts, ch 100, § 2; 94 Acts, ch 1132, §31; 96 Acts, ch 1036, §
30; 98 Acts, ch 1053, §28; 99 Acts, ch 114, §8
Referred to in § 147.112, 331.653
147.112 INVESTIGATION AND REPORT BY LAW ENFORCEMENT
AGENCY.
The law enforcement agency who has received any report required by
this chapter and who has any reason to believe that the person
injured was involved in the commission of any crime, either as
perpetrator or victim, shall at once commence an investigation into
the circumstances of th