135C.5 - LIMITATIONS ON USE.
135C.5 LIMITATIONS ON USE.
Another business or activity serving persons other than the
residents of a health care facility may be operated or provided in a
designated part of the physical structure of the health care facility
if the other business or activity meets the requirements of
applicable state and federal laws, administrative rules, and federal
regulations. The department shall not limit the ability of a health
care facility to operate or provide another business or activity in
the designated part of the facility if the business or activity does
not interfere with the use of the facility by the residents or with
the services provided to the residents, and is not disturbing to the
residents. In denying the ability of a health care facility to
operate or provide another business or activity under this section,
the burden of proof shall be on the department to demonstrate that
the other business or activity substantially interferes with the use
of the facility by the residents or the services provided to the
residents, or is disturbing to the residents. The state fire
marshal, in accordance with chapter 17A, shall adopt rules which
establish criteria for approval of a business or activity to be
operated or provided in a designated part of the physical structure
of a health care facility. For the purposes of this section,
"another business or activity" shall not include laboratory
services with the exception of laboratory services for which a waiver
from regulatory oversight has been obtained under the federal
Clinical Laboratory Improvement Amendments of 1988, Pub. L. No.
100-578, as amended, radiological services, anesthesiology services,
obstetrical services, surgical services, or emergency room services
provided by hospitals licensed under chapter 135B. Section History: Early Form
[C58, 62, 66, 71, 73, 75, 77, 79, 81, § 135C.5] Section History: Recent Form
91 Acts, ch 241, §1; 2005 Acts, ch 126, §1