147.80 - ESTABLISHMENT OF FEES -- ADMINISTRATIVE COSTS. - Iowa Statutes

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