135H.12 - INSPECTIONS UPON COMPLAINTS.
135H.12 INSPECTIONS UPON COMPLAINTS.
1. Upon receipt of a complaint made in accordance with section
135H.11, the department shall make a preliminary review of the
complaint. Unless the department concludes that the complaint is
intended to harass a psychiatric institution or a licensee or is
without reasonable basis, it shall within twenty working days of
receipt of the complaint make or cause to be made an on-site
inspection of the psychiatric institution which is the subject of the
complaint. The department of inspections and appeals may refer to
the department of human services any complaint received by the
department if the complaint applies to rules adopted by the
department of human services. The complainant shall also be notified
of the name, address, and telephone number of the designated
protection and advocacy agency if the alleged violation involves a
facility with one or more residents with developmental disabilities
or mental illness. In any case, the complainant shall be promptly
informed of the result of any action taken by the department in the
matter.
2. An inspection made pursuant to a complaint filed under section
135H.11 need not be limited to the matter or matters referred to in
the complaint; however, the inspection shall not be a general
inspection unless the complaint inspection coincides with a scheduled
general inspection. Upon arrival at the psychiatric institution to
be inspected, the inspector shall show identification to the person
in charge of the psychiatric institution and state that an inspection
is to be made, before beginning the inspection. Upon request of
either the complainant or the department, the complainant or the
complainant's representative or both may be allowed the privilege of
accompanying the inspector during any on-site inspection made
pursuant to this section. The inspector may cancel the privilege at
any time if the inspector determines that the privacy of a resident
of the psychiatric institution to be inspected would be violated.
The dignity of the resident shall be given first priority by the
inspector and others. Section History: Recent Form
89 Acts, ch 283, § 13