Current through Register Vol. 47, No. 13, December 25, 2024
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.
(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.
(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).
(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 RCC, 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.
(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.
