Text: SF00299                           Text: SF00301
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index



Senate File 300

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 135C.19, subsection 1, Code 1999, is
  1  2 amended to read as follows:
  1  3    1.  Following an inspection of a health care facility by
  1  4 the department pursuant to this chapter, and, if requested by
  1  5 the facility, the holding of an informal conference arranged
  1  6 by the department pursuant to section 135C.42 to attempt to
  1  7 correct or resolve any deficiency or violation found, the
  1  8 department's final findings with respect to compliance by the
  1  9 facility with requirements for licensing shall be made
  1 10 available to the public in a readily available form and place.
  1 11 Other information relating to a health care facility obtained
  1 12 by the department which does not constitute the department's
  1 13 findings from an inspection of the facility shall not be made
  1 14 available to the public except in proceedings involving the
  1 15 citation of a facility for a violation under section 135C.40,
  1 16 or the denial, suspension, or revocation of a license under
  1 17 this chapter.  The name of a person who files a complaint with
  1 18 the department shall be confidential.
  1 19    Sec. 2.  Section 135C.20A, subsection 1, Code 1999, is
  1 20 amended to read as follows:
  1 21    1.  The department shall develop and utilize a report card
  1 22 system for the recording of the final findings of any
  1 23 inspection of a health care facility following, if requested
  1 24 by the facility, the holding of an informal conference
  1 25 arranged by the department pursuant to section 135C.42 to
  1 26 attempt to resolve any deficiency or violation found.  The
  1 27 report card shall include but is not limited to a summary of
  1 28 the these final findings of the inspection, any violation
  1 29 found, any enforcement action taken including any citations
  1 30 issued and penalties assessed, any actions taken to correct
  1 31 violations or deficiencies, and the nature and status of any
  1 32 action taken with respect to any uncorrected violation for
  1 33 which a citation was issued.
  1 34    Sec. 3.  Section 135C.40, Code 1999, is amended to read as
  1 35 follows:
  2  1    135C.40  CITATIONS WHEN VIOLATIONS FOUND – PENALTIES –
  2  2 EXCEPTION.
  2  3    1.  If the director determines, based on the findings of an
  2  4 inspection or investigation of a health care facility, that
  2  5 the facility is in violation of this chapter or rules adopted
  2  6 under this chapter, the director within five working days
  2  7 after making the determination, may shall issue a written
  2  8 citation notice of violation to the facility.  The notice
  2  9 shall specifically describe the nature of the violation,
  2 10 identifying the Code section or subsection or the rule or
  2 11 standard violated, and the classification of the violation
  2 12 under section 135C.36.  The notice shall also, if appropriate,
  2 13 state the time allowed for correction of the violation.
  2 14    If, after receiving the notice, the facility fails to
  2 15 correct the violation within the specified time or violates
  2 16 the same provision, the director may issue a written citation
  2 17 to the facility.  The citation shall be served upon the
  2 18 facility personally or by certified mail, except that a
  2 19 citation for a Class III violation may be sent by ordinary
  2 20 mail.  Each citation shall specifically describe the nature of
  2 21 the violation, identifying the Code section or subsection or
  2 22 the rule or standard violated, and the classification of the
  2 23 violation under section 135C.36.  Where appropriate, the The
  2 24 citation shall also state the period of time allowed for
  2 25 correction of the violation, which shall in each case be the
  2 26 shortest period of time the department deems feasible if
  2 27 appropriate.  Each violation shall be a separate offense.  In
  2 28 the case of a continuing violation, each day a violation
  2 29 continues, after the time specified in the citation for
  2 30 compliance, shall be a separate and distinct offense.  Failure
  2 31 to correct a violation within the time specified, unless the
  2 32 licensee shows that the failure was due to circumstances
  2 33 beyond the licensee's control, shall subject the facility to a
  2 34 further penalty of fifty dollars for each day that the
  2 35 violation continues after the time specified for correction.
  3  1    2.  When a written notice or citation is served upon or
  3  2 mailed to a health care facility under subsection 1 and the
  3  3 licensee of the facility is not actually involved in the daily
  3  4 operation of the facility, a copy of the written notice or
  3  5 citation shall be mailed to the licensee.  If the licensee is
  3  6 a corporation, a copy of the written notice or citation shall
  3  7 be sent to the corporation's office of record.  If the written
  3  8 notice or citation was issued pursuant to an inspection
  3  9 resulting from a complaint filed under section 135C.37, a copy
  3 10 of the written notice or citation shall be sent to the
  3 11 complainant at the earliest time permitted by section 135C.19,
  3 12 subsection 1.
  3 13    3.  a.  No A health care facility shall not be issued a
  3 14 written notice or cited for any violation caused by any
  3 15 practitioner licensed pursuant to chapter 148, 150 or 150A if
  3 16 that practitioner is not the licensee of and is not otherwise
  3 17 financially interested in the facility, and the licensee or
  3 18 the facility presents evidence that reasonable care and
  3 19 diligence have been exercised in notifying the practitioner of
  3 20 the practitioner's duty to the patients in the facility.
  3 21    b.  A health care facility shall not be issued a written
  3 22 notice or cited for any violation by the department for
  3 23 adhering to a practitioner's order.  
  3 24 SF 300
  3 25 pf/cc/26
     

Text: SF00299                           Text: SF00301
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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