§ 135.142 — Health care supplies

Iowa § 135.142

• Jurisdiction: Iowa
• Title IV: PUBLIC HEALTH
• Ch. 135: DEPARTMENT OF HEALTH AND HUMAN SERVICES — PUBLIC HEALTH

Text

1. Thedepartmentmaypurchaseanddistributeantitoxins, serums, vaccines, immunizing
agents, antibiotics, andotherpharmaceuticalagentsormedicalsuppliesasdeemedadvisable
in the interest of preparing for or controlling a public health disaster.
2. If a public health disaster exists or there is reasonable cause to believe that a public
§135.142, DEPARTMENT OF HEALTH AND HUMAN SERVICES — PUBLIC HEALTH 52
health disaster is imminent and if the public health disaster or belief that a public health
disaster is imminent results in a statewide or regional shortage or threatened shortage of any
productdescribedundersubsection1,whetherornotsuchproducthasbeenpurchasedbythe
department, thedepartmentmaycontrol, restrict, andregulatebyrationingandusingquotas,
prohibitions on shipments, allocation, or other means, the use, sale, dispensing, distribution,
or transportation of the relevant product necessary to protect the public health, safety, and
welfare of the people of this state. The department shall collaborate with persons who have
control of the products when reasonably possible.
3. In making rationing or other supply and distribution decisions, the department shall
give preference to health care providers, disaster response personnel, and mortuary staff.
4. During a public health disaster, the department may procure, store, or distribute any
antitoxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical
agents or medical supplies located within the state as may be reasonable and necessary
to respond to the public health disaster, and may take immediate possession of these
pharmaceutical agents and supplies. If a public health disaster affects more than one state,
this section shall not be construed to allow the department to obtain antitoxins, serums,
vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical
supplies for the primary purpose of hoarding such items or preventing the fair and equitable
distribution of these pharmaceutical and medical supplies among affected states. The
department shall collaborate with affected states and persons when reasonably possible.
5. The state shall pay just compensation to the owner of any product lawfully taken
or appropriated by the department for the department’s temporary or permanent use in
accordance with this section. The amount of compensation shall be limited to the costs
incurred by the owner to procure the item.