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Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 34 - Home Food Processing Establishments › Rule 481-34.2 - Licensing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application for license.
A person shall not operate a home
				food processing establishment until a license has been obtained from the
				department or a contractor. Application for a license shall be made on a form
				furnished by the department containing the name of the business, name of the
				owner, physical address of the business, and list of all homemade food items
				the home food processing establishment intends to prepare. Applications for a
				license shall be completed using the department's online application system at
				least 30 days prior to the anticipated opening of the home food processing
				establishment. If extenuating circumstances exist that prevent the applicant
				from completing the online application, paper applications are available from
				the department or a contractor.
(2)
Homemade food item disclosure.
Homemade food items not listed
				on the application shall not be sold or distributed. New homemade food items
				may be added to an application at any time using the online application system
				or by submission of a paper form to the department or a contractor.
(3)
Transferability.
A
				license is not transferable to a new owner or location. Any change in business
				ownership or business location requires a new license.
(4)
Refunds.
License fees
				are refundable only if the license is surrendered to the department or a
				contractor prior to the effective date of the license. License fees are not
				refundable for a new home food processing establishment if a record review has
				occurred.
(5)
Expiration
				and renewal.
A home food processing establishment license, unless
				sooner suspended or revoked, expires one year after the application for license
				is approved by the department or a contractor. A renewal should be submitted
				through the department's online registration system with the required fee prior
				to expiration.
(6)
Renewal
				60 days or more after expiration.
A delinquent license will only be
				renewed if application for renewal is made within 60 days of expiration. If a
				delinquent license is not renewed within 60 days, an establishment shall apply
				for a new license and meet all of the requirements for an initial license. An
				establishment that has not renewed the license within 60 days of expiration
				will be closed by the department or a contractor.
(7)
Documentation of gross
				sales.
The license holder shall maintain documentation of annual gross
				sales of homemade food items and provide it to the regulatory authority upon
				request. Documentation of gross sales includes at least one of the following
				and will be kept confidential:
a. A copy of
				the establishment's business tax return;
b. Four quarters of gross sales of homemade
				food items;
c. A letter from an
				independent tax preparer; or
d.
				Other records documenting annual gross sales of homemade food items.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 34 - Home Food Processing Establishments › Rule 481-34.3 - Physical Facilities and Equipment

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The floors,
				walls, ceilings, utensils, equipment, and supplies in the food processing and
				storage areas, and all vehicles used in the transportation of homemade food
				items, shall be maintained clean and in good repair.
(2) Outer openings shall be protected by
				tight-fitting doors, windows, or screens.
(3) Dogs, cats, or other pets and animals
				shall be excluded from entering food preparation areas when food is being
				processed or packaged.
(4) Persons
				unnecessary to the production of homemade food items are not allowed in food
				processing areas while homemade food items are exposed or being
				produced.
(5) Adequate lighting and
				ventilation shall be available in all areas where food is processed or
				stored.
(6) An establishment shall
				have an adequate supply of hot and cold potable water under pressure from an
				approved and safe source. In addition:
a.
				There shall be no direct or indirect connection of safe and unsafe
				water;
b. If the residence is not
				served by a public water system, the water shall be tested at least annually
				for nitrates and coliforms;
c. In
				the event a water test shows coliforms are present or nitrates are at an unsafe
				level, the establishment shall cease operations and notify the regulatory
				authority. The establishment will not resume operations until approved by the
				regulatory authority; and
d. If the
				establishment's water source is under a water advisory indicating the water may
				be unsafe to consume, it shall not produce homemade food items until the
				advisory is lifted.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 34 - Home Food Processing Establishments › Rule 481-34.4 - Management and Personnel

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Person in charge.
There shall be a person in charge of
				operations during all hours of food processing who has a thorough understanding
				of food safety principles and is able to demonstrate control over food safety
				hazards, including:
a. Time/temperature
				controls for cooking, hot holding, cooling, cold holding, and reheating
				foods;
b. Cross contamination
				during storage and preparation;
c.
				Major food allergens and allergen cross contact;
d. Sanitation of food contact
				surfaces;
e. Food handling,
				hygienic practices, and communicable diseases;
f. Receiving and distribution; and
g. If applicable, pH and
				(aw).
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 34 - Home Food Processing Establishments › Rule 481-34.5 - Receiving, Storage, and Distribution

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Receiving.
All foods and ingredients shall be obtained from an
				approved source and have been produced in compliance with applicable law. Honey
				from an unlicensed establishment and eggs from the establishment's own flock
				may be used in the preparation of homemade food items. All food shall be
				received in sound condition; at safe temperatures; free from spoilage, filth,
				or other contamination; unadulterated; and safe for human
				consumption.
(2)
Storage.
Food storage areas shall be clean and located in an
				area that protects the food from contamination at all times. All food products
				shall be stored off of the floor. If removed from the original container, foods
				shall be stored in labeled and closed containers that are of a material that
				will not cause the food to become adulterated.
(3)
Distribution.
a. Foods containing raw or undercooked foods
				of animal origin will not be sold or distributed in a ready-to-eat
				form.
b. Foods produced in a home
				food processing establishment shall not be distributed for further processing
				by a food processing plant or another home food processing
				establishment.
c. Time/temperature
				control for safety homemade food items shall be maintained at safe temperatures
				during shipping and transportation to an end consumer, a mobile food unit, a
				farmers market food establishment, or a temporary food establishment operated
				by the same owner as the home food processing establishment.
d. Time/temperature control for safety
				homemade food items sold or distributed to other businesses for resale shall be
				maintained at or below 41°F during shipping and transportation.
e. No one may produce, distribute, offer for
				sale, or provide adulterated food to the public. Adulterated food shall be
				disposed of in a reasonable manner approved by the department.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 34 - Home Food Processing Establishments › Rule 481-34.6 - Food Preparation and Protection

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Food protection.
Foods shall be processed, stored, and
				distributed in a manner that protects food from contamination, including cross
				contamination from the environment, and allergen cross contact.
(2)
Cooking.
All animal
				foods or foods containing animal products, if cooked, shall be cooked to an
				internal temperature sufficient to destroy organisms that are injurious to
				health. Homemade food items shall not contain raw or undercooked animal foods
				except for packaged raw meat or poultry items labeled with safe handling
				instructions informing the consumer how to safely store, prepare, and handle
				raw meat and poultry products in the home.
(3)
Holding.
All
				time/temperature control for safety foods shall be held at an internal
				temperature of 41°F or less or 135°F or higher to control bacterial
				growth or toxin formation.
(4)
Cooling.
a. Time/temperature
				control for safety foods that have been heat-treated shall be cooled from
				135°F to 70°F within two hours and from 70°F to 41°F within an
				additional four hours. Total cooling time shall not exceed six hours.
b. Time/temperature control for safety foods
				prepared with ingredients above 41°F shall be cooled to 41°F or below
				within four hours from the beginning of preparation.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 34 - Home Food Processing Establishments › Rule 481-34.7 - Packaging and Labeling Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Legible labels.
All required labeling information shall be
				legible and in a location that is easily identifiable by the
				consumer.
(2)
Labels and
				packaging on homemade food items, exception.
A homemade food item
				shall be packaged in the home food processing establishment, and all required
				labeling shall be affixed to the homemade food item before it is delivered to
				the consumer, with the exception of a homemade food item picked up by the
				consumer in person at the home food processing establishment. In the case of
				the exception, the homemade food item shall still be protected from
				contamination and all required labeling information shall be provided to the
				consumer.
(3)
Raw meat and
				poultry products.
Packaged homemade food items that contain raw meat
				or poultry shall be labeled with safe handling instructions informing the
				consumer how to safely store, prepare, and handle raw meat and poultry products
				in the home.
(4)
Expiration
				date.
Refrigerated time/temperature control for safety homemade food
				items that are ready-to-eat foods shall be labeled with an expiration date not
				to exceed seven days from the date of preparation, and the date of preparation
				is counted as day one. Time/temperature control for safety homemade food items
				may be labeled with an expiration date that exceeds seven days if the
				expiration date has been determined to be safe by an accredited food science
				institution and documentation is provided to the regulatory authority upon
				request.
(5)
Contents.
a. Homemade food
				items will be identified as required by Iowa Code section
				137D.2(7).
b. Labels or other marketing materials
				associated with homemade food items must be truthful and not
				misleading.
c. Claims on labels or
				other marketing materials associated with homemade food items that are related
				to the following must conform to the United States Food and Drug
				Administration's (FDA's) Food Labeling Guide (January 2013). A link to the
				labeling guide may be found on the department's website or on the FDA's
				website.
(1) Health claims;
(2) Qualified health claims;
(3) Nutrient content claims (e.g., low
				sodium, high fiber, low fat, sugar free); or
(4) Structure/function claims.
d. Homemade food items labeled or
				marketed as a special dietary use food will conform to 21 CFR Part 105 as
				amended to April 1, 2023. The home food processing establishment shall provide
				documentation, such as a nutritional analysis by an accredited food laboratory,
				to the regulatory authority upon request.
e. Labels or other marketing materials shall
				not contain any claims that the homemade food item can be used in the
				diagnosis, cure, mitigation, treatment, or prevention of disease.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 34 - Home Food Processing Establishments › Rule 481-34.8 - Sanitation

Current through Register Vol. 47, No. 3, July 24, 2024
(1) There shall
				be sufficient means to clean, rinse, and sanitize all multi-use food contact
				surfaces. Cleaners and sanitizers used for these purposes shall be intended and
				approved for use in a commercial food establishment.
(2) All food contact surfaces shall be clean
				to sight and touch when not in use.
(3) All food contact surfaces shall be
				cleaned and sanitized:
a. Between each
				use;
b. At least every four hours
				if under continuous use to control microbial growth;
c. At a frequency necessary to prevent cross
				contamination; and
d. At a
				frequency necessary to prevent allergen cross contact.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 34 - Home Food Processing Establishments › Rule 481-34.9 - Maintenance of Records by Licensee

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An
				establishment shall maintain standardized recipes for each homemade food
				item.
(2) An establishment shall
				maintain production or batch records, including, at a minimum, product name,
				date of production, and date of packaging, with the exception of made-to-order
				food.
(3) An establishment shall
				maintain records of foods received as ingredients, including, at a minimum, the
				name and address of the supplier, name of the ingredient, and date received. A
				receipt of purchase is a sufficient record if it contains all of the required
				information.
(4) An establishment
				shall maintain distribution records of all homemade food items that are
				distributed for resale, including the product name, the name and address of the
				business where the homemade food items were distributed, the date distributed,
				the quantity distributed, and the date the homemade food item was
				produced.
(5) An establishment not
				served by a public water system shall maintain records of annual water
				tests.
(6) An establishment, if it
				produces homemade food items that require food safety parameters to be
				monitored throughout production, such as temperature, pH, or
				(aw), shall use testing instruments as directed by the
				manufacturer and calibrated for accuracy according to the manufacturer's
				instructions. Monitoring results shall be documented as part of the batch
				record.
(7) An establishment shall
				maintain all required records for a minimum of six months. All required records
				shall be made available for official review or copying upon request by the
				regulatory authority.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 34 - Home Food Processing Establishments › Rule 481-34.10 - Violations and Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All
				violations shall be corrected within a time frame not to exceed 90 days. The
				license holder shall make a written report to the regulatory authority, stating
				the action taken to correct the violation, within five days of
				correction.
(2) An establishment
				that violates this chapter or Iowa Code chapter 137D is subject to a civil
				penalty as set forth in Iowa Code chapter 137D.
(3) The department may employ various
				remedies in response to violations, including but not limited to civil penalty;
				suspending or revoking the license; injunction; or embargo, stop-sale, or
				recall orders.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 34 - Home Food Processing Establishments › Rule 481-34.11 - Denial, Suspension, or Revocation of License

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Denial, suspension, or revocation of a license.
Denial,
				suspension, or revocation of a license is effective 30 days after mailing or
				personal service of the notice. The department may suspend or revoke a license
				as set forth in Iowa Code section
				137D.8. A certified copy of a
				final order or judgment of conviction or plea of guilty is conclusive evidence
				of a conviction.
A deferred judgment, until discharged, is a conviction for
				  purposes of this rule.
(2)
Immediate suspension of license.
To the extent not
				inconsistent with Iowa Code chapters 17A and 137D and rules adopted pursuant to
				those chapters, the department or a contractor may immediately suspend a
				license in cases of an imminent health hazard, as defined by chapter 8 of the
				2017 FDA Food Code (the "food code"). The procedures of Iowa Code section
				17A.18A and chapter 8 of the food code shall be followed in cases of an
				imminent health hazard.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 34 - Home Food Processing Establishments › Rule 481-34.12 - Inspection and Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Home food
				processing establishments will be periodically inspected based on a risk
				assessment basis, either in person or virtually using video
				technology.
(2) The regulatory
				authority may enter a food processing establishment at any reasonable hour to
				make an inspection. The regulatory authority will inspect only those areas
				related to preparing or storing food for sale. The manager or person in charge
				of the establishment shall afford free access to records and every part of the
				premises where homemade food items and ingredients are stored or prepared and
				render all aid and assistance necessary to enable the regulatory authority to
				make a thorough and complete inspection.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 34 - Home Food Processing Establishments › Rule 481-34.13 - Public Examination of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Public information.
Information collected by the department
				and contractors is public information unless otherwise provided for by law.
				Records are stored in computer files and are not matched with any other data
				system. Inspection reports are available for public viewing at
iowa.safefoodinspection.com
.
(2)
Confidential
				information.
a. The following are
				examples of confidential records:
(1) Trade
				secrets and proprietary information, including items such as formulations,
				standardized recipes, processes, policies and procedures, and customer
				lists;
(2) Health information
				related to foodborne illness complaints and outbreaks;
(3) The name or any identifying information
				of a person who files a complaint with the department; and
(4) Other state or federal agencies'
				records.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 34 - Home Food Processing Establishments › Rule 481-34.14 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
An establishment may contest adverse action taken pursuant to
				  this chapter by submitting a request for hearing to the department within 30
				  days of the mailing or service of the department's action. Appeals and hearings
				  are governed by 481-Chapter 9. For contractors, license holders shall have the
				  opportunity for a hearing before the local board of health. If the hearing is
				  conducted before the local board of health, the license holder may appeal to
				  the department and shall follow the process for review in rule
				  481-9.3
				  (10A,17A).
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 35 - Contractor Requirements › Rule 481-35.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The definitions in
				  481-30.2 (10A,137C,137F) and
				  Iowa Code sections 137C.2,
				  137D.1 and
				  137F.1 are hereby incorporated
				  by reference as part of this chapter.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 35 - Contractor Requirements › Rule 481-35.2 - Contracts

Current through Register Vol. 47, No. 3, July 24, 2024
A municipal corporation or county may enter into an agreement
				  with the department to license, inspect and enforce under Iowa Code chapters
				  137C, 137D and 137F.
(1) The
				department will investigate the municipal corporation or county to determine if
				it possesses adequate resources to fulfill the requirements of the
				contract.
(2) A copy of the
				contract is available from the Department of Inspections and Appeals, Food and
				Consumer Safety Bureau, Lucas State Office Building, Des Moines, Iowa
				50319-0083.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 35 - Contractor Requirements › Rule 481-35.3 - Contractor

Current through Register Vol. 47, No. 3, July 24, 2024
To enter into an agreement with the department, the
				  contractor must comply with the requirements of this chapter and the applicable
				  sections of the Iowa Code.
(1) The
				contractor shall furnish the personnel, materials, services and facilities
				necessary to perform the required functions of the contract.
(2) The contractor is not an authorized agent
				of the state of Iowa.
(3) Rescinded lAB 4/9/08, effective
				7/1/08.
(4) The contractor shall
				cooperate with the department's monitoring activities in areas under the scope
				of this agreement.
(5) In addition
				to the above, the contractor shall:
a. Provide
				24-hour-a-day, 7-day-per-week continuous coverage of the facilities under
				contract;
b. Ensure that personnel
				are available at all times to respond to complaints, investigations,
				emergencies and other situations;
c. Furnish appropriate backup personnel to
				maintain continuous coverage regardless of vacations, illnesses, vacant
				positions or other inspection staff absences;
d. Supply trained personnel who are prepared
				and have the capability to perform inspections; and
e. Provide other information as requested by
				the department in regard to inspections and licenses issued under the
				contract.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 35 - Contractor Requirements › Rule 481-35.4 - Contractor Inspection Personnel

Current through Register Vol. 47, No. 3, July 24, 2024
Contractor inspection personnel should possess the knowledge,
				  skills and training necessary to perform the requirements of the
				  contract.
(1) Contractor inspection
				personnel must possess experience and education qualifications equal to those
				required for state food inspectors. Additionally, this experience must include
				application of the food code.
Municipal corporations or counties that wish to contract with
				  the department to perform food inspections under Iowa Code chapters 137C, 137D
				  and 137F, but who do not have trained personnel to perform these services,
				  shall reimburse the department for the cost of providing the required
				  training.
(2) The salary
				received by contractor inspection personnel should be comparable to state
				inspection personnel.
(3)
				Contractor inspection personnel shall participate in state-sponsored training
				activities.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 35 - Contractor Requirements › Rule 481-35.5 - Investigation

Current through Register Vol. 47, No. 3, July 24, 2024
The contractor shall investigate all alleged food-borne
				  illnesses in areas licensed and inspected under this agreement. The contractor
				  shall notify the department immediately of the existence of any food-borne or
				  other illness caused by, or suspected to have been caused by, unsanitary
				  conditions existing within the jurisdiction of the contractor
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 35 - Contractor Requirements › Rule 481-35.6 - Inspection Standards

Current through Register Vol. 47, No. 3, July 24, 2024
Inspections shall be completed using forms prescribed by the
				  department for those inspections. The contractor shall follow applicable
				  standards for inspections found in Iowa Code chapters 137C, 137D and 137F.
				  Inspections shall be conducted pursuant to 481-Chapters 30, 31, 34, 35, and
				  37.
Copies of inspection standards are available from the
				  Department of Inspections and Appeals, Food and Consumer Safety Bureau, Lucas
				  State Office Building, Des Moines, Iowa 50319-0083.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 35 - Contractor Requirements › Rule 481-35.7 - Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
The contractor shall enforce state laws and rules, including
				  regulations adopted by reference. These regulations are the legal basis of
				  authority in licensing and inspection of establishments under this
				  contract.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 37 - Hotel and Motel Inspections › Rule 481-37.1 - Building and Grounds

Current through Register Vol. 47, No. 3, July 24, 2024
Owners or managers are expected to keep hotels clean. This
				  means there shall be no litter nor accumulation of refuse anywhere on the
				  premises. The floors, walls, and ceilings shall be kept clean and in good
				  repair
(1) Screens or self-closing
				doors shall be used to keep flies, mosquitoes and other pests out of hotel
				lobbies, kitchens, or any other indoor area. Other effective methods are
				acceptable.
(2) All garbage must be
				kept in metal or plastic containers with tight-fitting lids. Garbage must be
				removed regularly so it does not create offensive odors, a problem with insects
				or rodents, or health or fire hazards.
(3) Any room or article which becomes
				infested with insects or vermin shall be cleaned or chemically treated until
				there are no more insects or vermin.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 37 - Hotel and Motel Inspections › Rule 481-37.2 - Guest Rooms

Current through Register Vol. 47, No. 3, July 24, 2024
Hotels built or extensively remodeled, as determined by the
				  department, shall provide ventilation in guest rooms with windows or mechanical
				  devices. The furniture, drapes and accessories shall be kept clean and in good
				  repair.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 37 - Hotel and Motel Inspections › Rule 481-37.3 - Bedding

Current through Register Vol. 47, No. 3, July 24, 2024
All materials used on a bed or any sleeping place shall be
				  kept clean and in good repair
(1)
				There shall be an under sheet and top sheet for every bed. Pillows shall have
				pillow slips. The sheets shall be large enough to completely cover the
				mattress.
(2) Each guest shall be
				furnished clean sheets and pillow slips.
(3) All other bedding shall be aired between
				guests and shall be kept clean.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 37 - Hotel and Motel Inspections › Rule 481-37.4 - Lavatory Facilities

Current through Register Vol. 47, No. 3, July 24, 2024
Hotels built or remodeled shall have lavatory facilities in
				  each guest room, except for bed and breakfast inns.
(1) Each guest room shall be equipped with
				hot and cold running water. The fixtures must be easy to clean. The floors
				shall be nonabsorbent and impermeable so they can be washed with
				water.
(2) Lavatory rooms shall be
				well-lighted and shall be vented to the outside of the building. This may be
				done with electric units.
(3) Each
				guest shall have a clean towel each day.
(4) Bed and breakfast inns shall provide at
				least one restroom which is available to overnight guests. The restroom must be
				equipped as provided in subrules 37.4(1) to 37.4(3).
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 37 - Hotel and Motel Inspections › Rule 481-37.5 - Glasses and Ice

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each guest
				shall have clean glasses to use. All cups, glasses or utensils usable more than
				once shall be sanitized by:
a. Immersion for
				at least one-half minute in clean, hot water at a temperature of at least
				170°F; or
b. Immersion for at
				least one minute in a clean solution containing at least 50 parts per million
				of available chlorine as a hypochlorite and at a temperature of at least 75
				°F; or
c. Immersion for at
				least one minute in a clean solution containing at least 12.5 parts per million
				of available iodine and having a pH not higher than 5.0 and at a temperature of
				at least 75°F; or
d. Immersion
				in a clean solution containing any other chemical sanitizing agent allowed
				under
				21 CFR
				178.1010 that will provide the equivalent
				bactericidal effect of a solution containing at least 50 parts per million of
				available chlorine as a hypochlorite at a temperature of a least 75 °F for
				one minute.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 37 - Hotel and Motel Inspections › Rule 481-37.9 - Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
Violation of these rules or any provision of Iowa Code
				  chapter 137C is a simple misdemeanor. The department may employ various
				  remedies if violations are discovered, including suspension or revocation of
				  licenses (Iowa Code section
				  137C.10), injunction (Iowa Code
				  section 137C.29), or referral for
				  criminal prosecution (Iowa Code chapter 137C).
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 37 - Hotel and Motel Inspections › Rule 481-37.10 - Criminal Offense-conviction of License Holder

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				department may suspend or revoke the license of a license holder who conducts
				an activity constituting a criminal offense as set forth in Iowa Code section
				137C.10(3).
(2) A certified copy of
				the final order or judgment of conviction or plea of guilty shall be conclusive
				evidence of the conviction of the license holder.
This rule is intended to implement Iowa Code section
				  137C.10(3).
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 41 - Psychiatric Medical Institutions for Children (PMIC) › Rule 481-41.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The definitions set forth in Iowa Code section
				  135H.1 are incorporated herein.
				  As used in this chapter:
"Nurse practitioner"
means a registered
				  professional nurse who is currently licensed to practice in the state, who
				  meets state requirements and is currently licensed to practice nursing under
				  the nursing board[655] rules in the Iowa Administrative Code.
"Physician assistant"
means a person
				  licensed to practice under Iowa Code chapter 148C.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 41 - Psychiatric Medical Institutions for Children (PMIC) › Rule 481-41.2 - Application for License

Current through Register Vol. 47, No. 3, July 24, 2024
In order to obtain an initial license for a PMIC, the
				  applicant must comply with Iowa Code chapter 135H and the rules in this
				  chapter. Each applicant must submit the following documents to the
				  department:
1. A completed Psychiatric
				Medical Institutions for Children application;
2. A copy of a department of human services
				license as a comprehensive residential care facility issued pursuant to Iowa
				Code section 237.3(2)
"a,"
or a copy of a license granted by the department of
				public health pursuant to Iowa Code section
				125.13, as a facility which
				provides substance abuse treatment;
3. A floor plan of each floor of the facility
				on 8½
"
by 11
"
paper showing:
* Room areas in proportion;
* Room dimensions;
* Numbers for all rooms including bathrooms;
* A designation of use for each room; and
* Window and door locations;
4. A photograph of the front and side
				elevation of the facility;
5. The
				fee set forth in Iowa Code section
				135H.5; and
6. Evidence of:
* Accreditation in accordance with Iowa Code section
				  135H.6(1)
"b"
;
* Department of public health certificate of need;
* Approval of the department of human services in accordance
				  with Iowa Code section
				  135H.6(1)
"e"
; and
* Compliance with the requirements of Iowa Code section
				  135H.6(1)
"f."
This rule is intended to implement Iowa Code sections
				  135H.4,
				  135H.5, and
				  135H.6.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 41 - Psychiatric Medical Institutions for Children (PMIC) › Rule 481-41.3 - Renewal Application or Change of Ownership

Current through Register Vol. 47, No. 3, July 24, 2024
In order to renew a license or change ownership of the
				  psychiatric medical institution for children, the applicant must submit to the
				  department:
1. A completed application
				form 30 days before the renewal date or before the date of the ownership
				change; and
2. The PMIC license
				fee.
(1)
Denial, suspension or
				revocation of a license.
The department may deny, suspend or revoke a
				PMIC license for any of the reasons set forth in Iowa Code section
				135H.8.
The department will issue notice of denial, suspension or
				  revocation by certified mail or by personal service.
(2)
Appeal process.
When a
				license is denied, revoked or suspended, a hearing may be requested pursuant to
				481-subrule 50.5(2) and shall be conducted pursuant to rule
				481-50.6 (10A). During the
				appeal process, the status of a license shall remain as it was on the date the
				hearing was requested. The status shall not change until a final decision is
				rendered by the department.
This rule is intended to implement Iowa Code sections
				  135H.8 and
				  135H.9.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 41 - Psychiatric Medical Institutions for Children (PMIC) › Rule 481-41.4 - Licenses for Distinct Parts

Current through Register Vol. 47, No. 3, July 24, 2024
Separate licenses may be issued for distinct parts of a
				  health care facility which are clearly identifiable, containing contiguous
				  rooms in a separate wing or building or on a separate floor of the facility,
				  and which provide care and services of separate categories. The following
				  requirements shall be met for licensing a distinct part:
(1) The distinct part shall serve only
				children who require the category of care and services immediately available
				within that part.
(2) The distinct
				part shall meet all the standards, rules and regulations which pertain to the
				category for which a license is sought.
(3) The distinct part must be operationally
				and financially feasible.
(4) A
				separate personal care staff with qualifications appropriate to the care and
				services offered must be regularly assigned and working in the distinct part
				under responsible management.
(5)
				Separately licensed distinct parts may have some services such as management,
				building maintenance, laundry and dietary in common with each other.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 41 - Psychiatric Medical Institutions for Children (PMIC) › Rule 481-41.5 - Waivers

Current through Register Vol. 47, No. 3, July 24, 2024
Waivers from these rules may be granted by the director of
				  the department:
1. When the need for a
				waiver has been established; and
2.
				When there is no danger to the health, safety, welfare or rights of any child.
The waiver will apply only to a specific PMIC.
Waivers shall be reviewed at the time of each licensure
				  survey by the department to determine continuing need.
(1) To request a waiver, the licensee must:
a. Apply in writing on a form provided by the
				department;
b. Cite the rule or
				rules from which a waiver is desired;
c. State why compliance with the rule or
				rules cannot be accomplished;
d.
				Explain how the waiver is consistent with the individual program plans;
				and
e. Demonstrate that the
				requested waiver will not endanger the health, safety, welfare or rights of any
				child.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 41 - Psychiatric Medical Institutions for Children (PMIC) › Rule 481-41.6 - Notice to the Department

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				department shall be notified at the times stated when the following events are
				expected to occur:
a. Thirty days before
				addition, alteration or new construction is begun in the PMIC or on the
				premises;
b. Thirty days in advance
				of closure of the PMIC or change in the category of license sought;
				and
c. Within two weeks of any
				change of administrator.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 41 - Psychiatric Medical Institutions for Children (PMIC) › Rule 481-41.7 - Inspection of Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall conduct a preliminary review of all
				  complaints filed against a PMIC. Unless a complaint is determined to be
				  intended as harassment or to be without reasonable basis, the department shall
				  inspect the PMIC within 20 working days of receipt of the complaint.
This rule is intended to implement Iowa Code section
				  135H.12.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 41 - Psychiatric Medical Institutions for Children (PMIC) › Rule 481-41.8 - General Requirement

Current through Register Vol. 47, No. 3, July 24, 2024
Inpatient psychiatric services for recipients under age 21
				  must be provided under the direction of a physician.
When a resident has received services immediately before
				  reaching age 21, services must be complete before the earlier of the
				  following:
1. The date the recipient
				no longer requires services; or
2.
				The date the recipient reaches age 22.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 41 - Psychiatric Medical Institutions for Children (PMIC) › Rule 481-41.9 - Certification of Need for Services

Current through Register Vol. 47, No. 3, July 24, 2024
All recipients of services shall have written certification
				  which ensures the following:
1.
				Ambulatory care resources available in the community do not meet the treatment
				needs of the recipient;
2. Proper
				treatment of the recipient's psychiatric condition requires services on an
				inpatient basis under the direction of a physician; and
3. The services can reasonably be expected to
				improve the recipient's condition or prevent further regression so services
				will no longer be needed.
Certification of need shall be completed in accordance with
				  42 CFR Sections
				  441.152 and
				  441.153.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 41 - Psychiatric Medical Institutions for Children (PMIC) › Rule 481-41.10 - Active Treatment

Current through Register Vol. 47, No. 3, July 24, 2024
Inpatient psychiatric services must involve "active
				  treatment," which means implementation of a professionally developed and
				  supervised individual plan of care as described in rule 41.12(135H). The plan
				  of care shall be:
1. Developed and
				implemented no later than 14 days after admission; and
2. Designed to achieve discharge from
				inpatient status at the earliest possible time.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 41 - Psychiatric Medical Institutions for Children (PMIC) › Rule 481-41.11 - Individual Plan of Care

Current through Register Vol. 47, No. 3, July 24, 2024
"Individual plan of care" means a written plan developed for
				  each child. The plan of care shall be designed to improve the condition of each
				  child to the extent that inpatient care is no longer necessary.
(1) The plan of care must be based on a
				diagnostic evaluation that includes examination of the:
a. Medical,
b. Psychological,
c. Social,
d. Behavioral, and
e. Developmental aspects of the child's
				situation.
The plan of care shall reflect the need for inpatient
				  psychiatric care.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 41 - Psychiatric Medical Institutions for Children (PMIC) › Rule 481-41.12 - Individual Written Plan of Care

Current through Register Vol. 47, No. 3, July 24, 2024
Before admission to a PMIC and before authorization for
				  payment, the attending physician or staff physician must establish written
				  plans for continuing care including review and modification of the plan of
				  care.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 41 - Psychiatric Medical Institutions for Children (PMIC) › Rule 481-41.13 - Plan of Care Team

Current through Register Vol. 47, No. 3, July 24, 2024
The individual plan of care shall be developed by an
				  interdisciplinary team of physicians and other personnel who are employed by
				  the facility or provide services to patients.
(1) Based on education and experience, the
				team must be capable of
a. Assessing the
				recipient's immediate and long-range therapeutic needs, developmental
				priorities, and personal strengths and liabilities;
b. Assessing the potential resources of the
				recipient's family;
c. Setting
				treatment objectives; and
d.
				Prescribing therapeutic modalities to achieve the plan's objectives.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 41 - Psychiatric Medical Institutions for Children (PMIC) › Rule 481-41.14 - Required Discharge

Current through Register Vol. 47, No. 3, July 24, 2024
The licensee shall not refuse to discharge a child when
				  directed by the physician, parent or legal guardian unless so directed by the
				  court.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 41 - Psychiatric Medical Institutions for Children (PMIC) › Rule 481-41.15 - Criminal Behavior Involving Children

Current through Register Vol. 47, No. 3, July 24, 2024
A person who has a record of a criminal conviction or a
				  founded child abuse or dependent adult abuse shall not be licensed to operate,
				  be employed by, or reside in a PMIC unless an evaluation of the crime or
				  founded child or dependent adult abuse has been made by the department of human
				  services which concludes that the crime or founded child or dependent adult
				  abuse does not merit prohibition of employment.
(1) A PMIC shall request that the department
				of human services (DHS) conduct a criminal and child abuse record check, when a
				person is being considered for licensure or for employment if the person will:
a. Have direct responsibility for a
				child;
b. Have access to a child
				when the child is alone; or
c.
				Reside in the facility.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 41 - Psychiatric Medical Institutions for Children (PMIC) › Rule 481-41.16 - Confidential or Open Information

Current through Register Vol. 47, No. 3, July 24, 2024
The department maintains files for psychiatric medical
				  institutions for children. These files are organized by facility name and
				  contain both open and confidential information.
(1) Open information includes:
a. License application and status;
b. Waiver requests and responses;
c. Final findings of state license survey
				investigations;
d. Records of
				complaints;
e. Plans of correction
				submitted by the facility;
f.
				Medicaid status; and
g. Official
				notices of license sanctions.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 41 - Psychiatric Medical Institutions for Children (PMIC) › Rule 481-41.17 - Additional Provisions Concerning Physical Restraint

Current through Register Vol. 47, No. 3, July 24, 2024
If a PMIC uses a physical restraint, the following provisions
				  shall apply:
(1) No employee shall use
				any prone restraints. For the purposes of this rule, "prone restraints" means
				those in which an individual is held face down on the floor Employees who find
				themselves involved in the use of a prone restraint as the result of responding
				to an emergency must take immediate steps to end the prone restraint.
(2) No employee shall use any restraint that
				obstructs the airway of any resident.
(3) If an employee physically restrains a
				resident who uses sign language or an augmentative mode of communication as the
				resident's primary mode of communication, the resident shall be permitted to
				have the resident's hands free of restraint for brief periods, unless an
				employee determines that such freedom appears likely to result in harm to self
				or others.
This rule is intended to implement Iowa Code sections 135H.4
				  and 135H.5.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Inspections Division › Chapter 49 - Ambulatory Surgical Centers › Rule 481-49.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Ambulatory surgical center"
means the same
				  as defined by Iowa Code section
				  135R.1.
"Department"
means the department of
				  inspections, appeals, and licensing.