Section 801.10.40. Requirements for member conduct.

The commandant or designee shall administer and enforce all requirements for member conduct. Subject to these rules and Iowa Code section 135C.23, the commandant or designee may transfer or discharge any member from IVH when the commandant or designee determines that the health, safety or welfare of the members or staff is in immediate danger, and other reasonable alternatives have been exhausted.

         10.40(1) In addition to the member responsibilities as set out in rule 801—10.12(35D), each member shall also comply with the following requirements:

            a.               The use of intoxicants or alcoholic beverages on IVH premises is prohibited unless prescribed by a medical provider.

            b.               The bringing of alcoholic beverages or illicit substances on IVH premises is prohibited. Any illicit substances or drug paraphernalia or both found in the member’s possession shall be grounds for immediate discharge.

            c.               The use of illegal substances while a member of IVH is prohibited. A urinalysis shall confirm the presence of illegal substances. A member’s refusal to submit to a urinalysis in response to a request based on probable cause shall be considered a positive result and is grounds for discharge.

            d.              Firearms or weapons of any nature shall be turned in to the commandant or designee for safekeeping. The commandant or designee shall decide if an instrument is a weapon. Firearms or weapons in the possession of a member which constitute a hazard to self or others shall be removed and stored in a place provided and controlled by the facility or sent with family members for safekeeping.

            e.               Smoking in members’ rooms is prohibited. Members who smoke shall do so within designated smoking areas so as not to endanger self or others.

            f.                Continuously disruptive behavior on the part of a member is grounds for transfer or discharge.

            g.               Members shall comply with legal requests and orders of the commandant or designee.

            h.               Members shall not violate state and federal statutes.

            i.                Members shall report to the resident finance supervisor or designee any changes in assets/income, and pay support within ten business days after the monthly support bill is received or ten business days after the member’s last income deposit for the month.

         10.40(2) When a member is found in violation of the requirements of conduct established in subrule 10.40(1), the following steps may be taken:

            a.               For a first offense, a member is counseled by an appropriate staff person and options for correcting the behavior are considered. Options may include but are not limited to:

             (1)             Funds restriction.

             (2)             Substance abuse treatment.

             (3)             Mental health services.

            b.               IVH control of the member’s personal funds as follows:

             (1)             The pension money and other incomes and available liquid assets shall be deposited by the commandant or designee in a separate account for and on behalf of the member. The commandant or designee shall, under the procedures established in subrules 10.35(3) and 10.35(4), make withdrawals and disbursements to meet the regular bills and other expenses of the member.

             (2)             If, after a period of up to six months, the member’s behavior is deemed appropriate by the facility, the handling of funds will be reviewed, and funds may be returned to the control of the member.

             (3)             If the member is discharged from IVH, the balance of the funds in the IVH membership account shall be paid to the member or financial legal representative no later than the tenth day of the month following the month of discharge.

            c.               For a second offense, a member is offered the services above and is placed on probation that warns a third offense may lead to discharge.

            d.               For a third offense, discharge from IVH in accordance with subrule 10.40(3).

         10.40(3) The steps described in subrule 10.40(2) shall generally be followed in that order. However, if the member’s violation is of an extreme nature and the member is not amenable to counseling, the commandant or designee shall choose to discharge the member after the expiration of a 30-day written notification period which begins when the notice is personally delivered. If the IRCC, in conjunction with the medical provider and mental health personnel, deems that the member’s behavior poses a threat of imminent danger, the commandant or designee may issue notice of an immediate involuntary discharge. In such an emergency situation, a written notice shall be given prior to or within 48 hours following the discharge.

The member’s county commission of veterans affairs and the legal representative shall be informed in writing of the decision to discharge. Written notification shall also be issued to appropriate governmental agencies including the commission, the department of inspections and appeals, and the department on aging’s long-term care ombudsman to ensure that the member’s health, safety or welfare shall not be in danger upon the member’s release.

         10.40(4) A member who has been previously discharged under the provisions of subrule 10.40(2) or 10.40(3) shall be readmitted to IVH only upon the approval of the commandant or designee. If not approved, the applicant shall receive written notice of the denial. A copy of the denial notice shall be forwarded to the commission and the appropriate county commission of veterans affairs. Any decision to deny readmittance is subject to the review of the commission.

[ARC 8014B, IAB 7/29/09, effective 7/10/09; ARC 1157C, IAB 10/30/13, effective 12/4/13; see Delay note at end of chapter; ARC 2675C, IAB 8/17/16, effective 9/21/16]