The department shall have the authority to deny, suspend, or revoke a license in any case where the department finds that there has been repeated failure on the part of the facility to comply with the provisions of this chapter or the rules or minimum standards promulgated hereunder, or for any of the following reasons:
 1. Cruelty or indifference to health care facility residents.

Terms Used In Iowa Code 135C.10

  • Bequest: Property gifted by will.
  • Department: means the Iowa department of public health. See Iowa Code 154A.1
  • Devise: To gift property by will.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • lawful enforcement: includes but is not limited to the following:
     a. See Iowa Code 135C.10
  • License: means a license issued by the state under this chapter to a hearing aid specialist. See Iowa Code 154A.1
  • property: includes personal and real property. See Iowa Code 4.1
  • State: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See Iowa Code 152E.3
 2. Appropriation or conversion of the property of a health care facility resident without the resident’s written consent or the written consent of the resident’s legal guardian.
 3. Permitting, aiding, or abetting the commission of any illegal act in the health care facility.
 4. Inability or failure to operate and conduct the health care facility in accordance with the requirements of this chapter and the minimum standards and rules issued pursuant thereto.
 5. Obtaining or attempting to obtain or retain a license by fraudulent means, misrepresentation, or by submitting false information.
 6. Habitual intoxication or addiction to the use of drugs by the applicant, manager or supervisor of the health care facility.
 7. Securing the devise or bequest of the property of a resident of a health care facility by undue influence.
 8. Willful failure or neglect to maintain a continuing in-service education and training program for all personnel employed in the facility.
 9. In the case of an application for a new or newly acquired facility, continuing or repeated failure of the licensee to operate any previously licensed facility or facilities in compliance with the provisions of this chapter, the rules adopted pursuant to this chapter, or equivalent provisions that the facility is subject to in this state or any other state.
 10. In the case of a license applicant or existing licensee which is an entity other than an individual, the department may deny, suspend, or revoke a license if any individual, who is in a position of control or is an officer of the entity, engages in any act or omission proscribed by this section.
 11. Intentionally preventing or interfering with or attempting to prevent or interfere in any way with the performance by any duly authorized representative of the department of the lawful enforcement of this chapter or of the rules adopted pursuant to this chapter. As used in this subsection, “lawful enforcement” includes but is not limited to the following:

 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 unless otherwise protected from disclosure by operation of law.
 c. Preserving evidence of any violation of this chapter or of the rules adopted pursuant to this chapter.
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