125.58 - INSPECTION -- PENALTIES.
125.58 INSPECTION -- PENALTIES.
1. If the department has probable cause to believe that an
institution, place, building, or agency not licensed as a substance
abuse treatment and rehabilitation facility is in fact a substance
abuse treatment and rehabilitation facility as defined by this
chapter, and is not exempt from licensing by section 125.13,
subsection 2, the board may order an inspection of the institution,
place, building, or agency. If the inspector upon presenting proper
identification is denied entry for the purpose of making the
inspection, the inspector may, with the assistance of the county
attorney of the county in which the premises are located, apply to
the district court for an order requiring the owner or occupant to
permit entry and inspection of the premises to determine whether
there have been violations of this chapter. The investigation may
include review of records, reports, and documents maintained by the
facility and interviews with staff members consistent with the
confidentiality safeguards of state and federal law.
2. A person establishing, conducting, managing, or operating a
substance abuse treatment and rehabilitation facility without a
license is guilty of a serious misdemeanor. Each day of continued
violation after conviction or notice from the department by certified
mail of a violation shall be considered a separate offense or
chargeable offense. A person establishing, conducting, managing or
operating a substance abuse treatment and rehabilitation facility
without a license may be temporarily or permanently restrained
therefrom by a court of competent jurisdiction in an action brought
by the state.
3. Notwithstanding the existence or pursuit of any other remedy,
the department may, in the manner provided by law, maintain an action
in the name of the state for injunction or other process against a
person or governmental unit to restrain or prevent the establishment,
conduct, management or operation of a substance abuse treatment and
rehabilitation facility without a license. Section History: Early Form
[81 Acts, ch 58, § 12; 82 Acts, ch 1244, § 3] Section History: Recent Form
2005 Acts, ch 175, §75