135C.21 Penalties.
1. Any person establishing, conducting, managing, or operating any health care facility without a license shall be guilty of a serious misdemeanor. Each day of continuing violation after conviction or notice from the department by certified mail of a violation shall be considered a separate offense or chargeable offense. Any such person establishing, conducting, managing or operating any health care facility without a license may be by any court of competent jurisdiction temporarily or permanently restrained therefrom in any action brought by the state.
2. Any person who prevents or interferes with or attempts to impede in any way any duly authorized representative of the department or of any of the agencies referred to in section 135C.17 in the lawful enforcement of this chapter or of the rules adopted pursuant to it is guilty of a simple misdemeanor. As used in this subsection, lawful enforcement includes but is not limited to:
a. Contacting or interviewing any resident of a health care facility in private at any reasonable hour and without advance notice.
b. Examining any relevant books or records of a health care facility.
c. Preserving evidence of any violation of this chapter or of the rules adopted pursuant to it.
[C50, 54, §135C.7; C58, 62, 66, 71, 73, 75, 77, 79, 81, §135C.21]
Structure Iowa Code
Chapter 135C - HEALTH CARE FACILITIES
Section 135C.2 - Purpose — rules — special classifications — protection and advocacy agency.
Section 135C.3 - Nature of care.
Section 135C.4 - Residential care facilities.
Section 135C.5 - Limitations on use.
Section 135C.6 - License required — exemptions.
Section 135C.7 - Application — fees.
Section 135C.8 - Scope of license.
Section 135C.9 - Inspection before issuance — notice of deficiencies.
Section 135C.10 - Denial, suspension, or revocation.
Section 135C.11 - Notice — hearings.
Section 135C.12 - Conditional operation.
Section 135C.13 - Judicial review.
Section 135C.15 - Time to comply.
Section 135C.16 - Inspections.
Section 135C.16A - Inspectors — conflicts of interest.
Section 135C.17 - Duties of other departments.
Section 135C.19 - Public disclosure of inspection findings — posting of citations.
Section 135C.20 - Information distributed.
Section 135C.20B - Governor’s award — quality care.
Section 135C.22 - Applicable to governmental units.
Section 135C.23 - Express requirements for admission or residence.
Section 135C.24 - Personal property or affairs of patients or residents.
Section 135C.25 - Resident advocate committee appointments — duties — disclosure — liability.
Section 135C.26 - Director notified of casualties.
Section 135C.27 - Federal funds to implement program.
Section 135C.28 - Conflicting statutes.
Section 135C.29 - License list to county commissioner of elections.
Section 135C.30 - Operation of facility under receivership.
Section 135C.31 - Discharge of Medicaid patients.
Section 135C.31A - Assessment of residents — program eligibility — prescription drug coverage.
Section 135C.32 - Hospice services covered by Medicare.
Section 135C.34 - Medication aide — certification.
Section 135C.35 - Training of inspectors.
Section 135C.36 - Violations classified — penalties.
Section 135C.37 - Complaints alleging violations — confidentiality.
Section 135C.38 - Inspections upon complaints.
Section 135C.39 - No advance notice of inspection — exception.
Section 135C.40 - Citations when violations found — penalties — exception.
Section 135C.40A - Issuance of final findings.
Section 135C.41 - Licensee’s response to citation.
Section 135C.42 - Informal conference on contested citation.
Section 135C.43 - Judicial review.
Section 135C.43A - Reduction of penalty amount.
Section 135C.44 - Treble fines for repeated violations.
Section 135C.44A - Double fines for intentional violations.
Section 135C.45 - Refund of penalty.
Section 135C.45A - Notification penalty.
Section 135C.46 - Retaliation by facility prohibited.