135C.21 - PENALTIES.
135C.21 PENALTIES.
1. Any person establishing, conducting, managing, or operating
any health care facility without a license shall be guilty of a
serious misdemeanor. Each day of continuing violation after
conviction or notice from the department by certified mail of a
violation shall be considered a separate offense or chargeable
offense. Any such person establishing, conducting, managing or
operating any health care facility without a license may be by any
court of competent jurisdiction temporarily or permanently restrained
therefrom in any action brought by the state.
2. Any person who prevents or interferes with or attempts to
impede in any way any duly authorized representative of the
department or of any of the agencies referred to in section 135C.17
in the lawful enforcement of this chapter or of the rules adopted
pursuant to it is guilty of a simple misdemeanor. As used in this
subsection, lawful enforcement includes but is not limited to:
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.
c. Preserving evidence of any violation of this chapter or of
the rules adopted pursuant to it. Section History: Early Form
[C50, 54, § 135C.7; C58, 62, 66, 71, 73, 75, 77, 79, 81, §
135C.21]