1. The department may place an employee or agent to serve as a monitor in a licensed substance abuse treatment program or may petition the court for appointment of a receiver for a program when any of the following conditions exist:
a. The program is operating without a license.
b. The commission has suspended, revoked, or refused to renew the existing license of the program.
c. The program is closing or has informed the department that it intends to close and adequate arrangements for the location of clients have not been made at least thirty days before the closing.
d. The department determines that an emergency exists, whether or not it has initiated revocation or nonrenewal procedures, and because of the unwillingness or inability of the licensee to remedy the emergency, the department determines that a monitor or receiver is necessary. As used in this paragraph, "emergency" means a threat to the health, safety, or welfare of a client that the program is unwilling or unable to correct.
2. The monitor shall observe operation of the program, assist the program with advice regarding compliance with state regulations, and report periodically to the department on the operation of the program.
93 Acts, ch 139, § 1
Referred to in § 125.3, 125.7
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