Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 155 - Licensure Standards for Substance Use Disorder and Problem Gambling Treatment Programs › Rule 641-155.10 - Grounds for Denial of License

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The committee may deny an application for
			 a license for any of the following reasons:
a. The application is not complete, is not
			 timely or otherwise does not meet the requirements of these rules.
b. The applicant fails to achieve the minimum
			 licensure weighting report rating required for a 270-day initial license or a
			 one-, two- or three-year license.
c. Lack of patients or patient records for
			 review.
d. Violation of any of the
			 following grounds for discipline:
(1)
			 Submission of fraudulent or misleading information.
(2) Violation by a program or staff of any
			 statute or rule pertaining to programs, including violation of any provision of
			 these rules, or failure to adhere to program policies and procedures adopted
			 pursuant to these rules.
(3)
			 Failure to comply with licensure, inspection, health, fire, occupancy, safety,
			 sanitation, zoning, or building codes or regulations required by federal, state
			 or local law.
(4) Sanction,
			 modification, termination, withdrawal, refused renewal, suspension, or
			 revocation of accreditation by an accreditation body.
(5) Sanction, modification, termination,
			 withdrawal, refused renewal, suspension, revocation, or refused issuance of a
			 federal registration to distribute or dispense controlled substances.
(6) Commission of or permitting, aiding or
			 abetting commission of an unlawful act.
(7) Conviction of a member of the governing
			 body, a director, administrator, chief executive officer, or other managing
			 staff person of a felony or misdemeanor related to the management, operation or
			 integrity of the program.
(8) Use
			 of untruthful or improbable statements in advertising.
(9) Conduct or practices determined to be
			 detrimental to the general health, safety, or welfare of a patient, potential
			 patient, concerned person, visitor, staff or member of the public.
(10)Violation of a patient's confidentiality
			 or willful, substantial, or repeated violation of a patient's rights.
(11)Defrauding a patient, potential patient,
			 concerned person, visitor, staff or third-party payor.
(12)Inappropriate conduct by staff, including
			 sexual or other harassment or exploitation of a patient, potential patient,
			 concerned person, visitor or staff.
(13)Utilization of treatment techniques that
			 endanger the health, safety, or welfare of a patient, potential patient,
			 concerned person, visitor, staff or member of the public.
(14)Discrimination or retaliation against a
			 patient, potential patient, concerned person, visitor, staff, or member of the
			 public who has submitted a complaint or information to the
			 department.
(15)Failure to allow an
			 employee or agent of the department access to the program or facility for the
			 purpose of inspection, investigation, or other activity necessary to the
			 performance of the department's duties.
(16)Failure to submit an acceptable written
			 corrective action plan or failure to comply with a corrective action plan
			 issued pursuant to rule
			 641-155.9
			 (125,135) or
			 641-155.16
			 (125,135).
(17)Violation of an
			 order of the committee or violating the terms or conditions of a consent
			 agreement or informal settlement between a program and the committee.