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.
[C50, 54, § 135C.7; C58, 62, 66, 71, 73, 75, 77, 79, 81, § 135C.21]
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