State Law

Iowa Code

Iowa state law on the legal age to consent to treatments or procedures (see LAR section)

Iowa state law provisions on mandatory reporting:

  1. Current abuse of a dependent adult (see Iowa Code Chapter 235 B):

"Dependent adult" is defined in §235B.2(4) as follows: "Dependent adult" means a person eighteen years of age or older who is unable to protect the person's own interests or unable to adequately perform or obtain services necessary to meet essential human needs, as a result of a physical or mental condition which requires assistance from another, or as defined by departmental rule.

  1. Current child abuse (see §232.69) see research exception

Note: §232.69(2) refers to permissive reporters ("any other person (i.e., other than listed in (1)) who believes that a child has been abused may make a report").

  1. Other reporting

The general licensing provisions for a number of health care professions ( see Iowa Code Chapter 147) require reporting a wound or "other serious bodily injury" that is being treated by the person licensed under that chapter and that appears to have been received in connection with the commission of a criminal offense.

Reportable conditions (see §641--1.1-1.3 (139A))

Additional state laws provide for the notification and surveillance of reportable communicable and infectious diseases, poisoning and conditions. Of note, in Iowa these include cancer and birth defects with reporting to the State Health Registry located at UI. When it is possible that identification of a reportable condition may occur in the research setting, investigators must include this information and the reporting requirements in the informed consent document.

Intent to hurt self or others

Common law (not statute) generally requires that one report a demonstration of a current intent to hurt oneself or others.

Iowa state law on Human Stem Cell Research and Cloning (Iowa Code 707C)

A person shall not intentionally or knowingly do any of the following:

  • Perform or attempt to perform human reproductive cloning.
  • Participate in performing or in an attempt to perform human reproductive cloning.
  • Transfer or receive, in whole or in part, for the purpose of shipping, receiving, or importing, the product of human reproductive cloning.

Applicability of the laws of other states

In cases of human subjects research under the authority of the UI IRB(s) but conducted outside of the state of Iowa, the UI IRB confers with the UI Office of General Counsel regarding the applicability of other state, national, or international laws to the particular project. These cases are identified in the pre-review process of an application to the IRB and the advice of counsel is sought prior to the approval of the study. In general, the UI IRB will apply the law of the state in which the research is being conducted. For example, if a project involves children and one of the recruitment sites is in a bordering state, the laws of the bordering state will be evaluated to which individuals meet the DHHS and FDA definition of “children” at that site.