125.13 - PROGRAMS LICENSED -- EXCEPTIONS.
125.13 PROGRAMS LICENSED -- EXCEPTIONS.
1. a. Except as provided in subsection 2, a person shall not
maintain or conduct any chemical substitutes or antagonists program,
residential program, or nonresidential outpatient program, the
primary purpose of which is the treatment and rehabilitation of
substance abusers or chronic substance abusers without having first
obtained a written license for the program from the department.
b. Four types of licenses may be issued by the department. A
renewable license may be issued for one, two, or three years. A
treatment program applying for its initial license may be issued a
license for two hundred seventy days. A license issued for two
hundred seventy days shall not be renewed or extended.
2. The licensing requirements of this chapter do not apply to any
of the following:
a. A hospital providing care or treatment to substance
abusers or chronic substance abusers licensed under chapter 135B
which is accredited by the joint commission on the accreditation of
health care organizations, the commission on accreditation of
rehabilitation facilities, the American osteopathic association, or
another recognized organization approved by the board. All survey
reports from the accrediting or licensing body must be sent to the
department.
b. Any practitioner of medicine and surgery or osteopathic
medicine and surgery, in the practitioner's private practice.
However, a program shall not be exempted from licensing by the board
by virtue of its utilization of the services of a medical
practitioner in its operation.
c. Private institutions conducted by and for persons who
adhere to the faith of any well recognized church or religious
denomination for the purpose of providing care, treatment,
counseling, or rehabilitation to substance abusers or chronic
substance abusers and who rely solely on prayer or other spiritual
means for healing in the practice of religion of such church or
denomination.
d. A program that provides only education, prevention,
referral or post treatment services.
e. Alcoholics anonymous.
f. Individuals in private practice who are providing
substance abuse treatment services independent from a program that is
required to be licensed under subsection 1.
g. Intervention and referral programs which are financed and
managed by a county or counties, are staffed by county employees, and
do not receive state payments pursuant to a contract under section
125.44.
h. Voluntary, nonprofit groups whose funding is provided
solely from nontax sources.
i. A substance abuse treatment program not funded by the
department which is accredited or licensed by the joint commission on
the accreditation of health care organizations, the commission on the
accreditation of rehabilitation facilities, the American osteopathic
association, or another recognized organization approved by the
board. All survey reports from the accrediting or licensing body
must be sent to the department.
j. A hospital substance abuse treatment program that is
accredited or licensed by the joint commission on the accreditation
of health care organizations, the commission on the accreditation of
rehabilitation facilities, the American osteopathic association, or
another recognized organization approved by the board. All survey
reports for the hospital substance abuse treatment program from the
accrediting or licensing body shall be sent to the department. Section History: Early Form
[C75, 77, § 125.14, 224B.12, 224B.13; C79, 81, § 125.13; 81 Acts,
ch 58, § 4--7; 82 Acts, ch 1244, § 1, 2] Section History: Recent Form
86 Acts, ch 1001, § 4; 89 Acts, ch 243, § 2; 90 Acts, ch 1085, §
6, 7; 94 Acts, ch 1068, §1; 2002 Acts, ch 1108, §4, 5; 2005 Acts, ch
175, §66; 2009 Acts, ch 41, §263
Referred to in § 125.2, 125.3, 125.7, 125.20, 125.21, 125.58,
125.59, 135H.4