481—57.39 (135C) Resident abuse prohibited.
Each resident shall receive kind and considerate care at all times and shall be free from mental and physical abuse. Each resident shall be free from chemical
and physical restraints, except in an emergency for the shortest amount of time necessary to protect the
resident from injury to the resident or to others, pending the immediate transfer to an appropriate facility.
The decision to use restraints on an emergency basis shall be made by the designated charge person
who shall promptly report the action taken to the physician and the reasons for using restraints shall be
documented in the resident’s record. Mechanical supports used in normative situations to achieve proper
body position and balance shall not be considered to be a restraint. (II)
57.39(1) Mental abuse includes, but is not limited to, humiliation, harassment, and threats of
punishment or deprivation. (II)
57.39(2) Physical abuse includes, but is not limited to, corporal punishment and the use of restraints
as punishment. (II)
57.39(3) Drugs such as tranquilizers may not be used as chemical restraints to limit or control
resident behavior for the convenience of staff. (II)
57.39(4) Upon a claim of dependent adult abuse of a resident being reported, the administrator of
the facility shall separate the victim and accused abuser immediately and maintain that separation until
the abuse investigation is completed. (I, II)
57.39(5) Suspected abuse reports. The department shall investigate all complaints of dependent
adult abuse which are alleged to have happened in a health care facility. The department shall inform the
department of human services of the results of all evaluations and dispositions of dependent adult abuse
investigations.
57.39(6) Pursuant to Iowa Code chapter 235B, a mandatory reporter of dependent adult abuse is
any person who, in the course of employment, examines, attends, counsels, or treats a dependent adult
and reasonably believes the dependent adult has suffered abuse. This includes a member of the staff or
employee of a health care facility. (II, III)
If a staff member or employee is required to report pursuant to this subrule, the staff member or
employee shall immediately notify the person in charge of the facility or the person’s designated agent,
and the person in charge or the designated agent shall make the report to the department of human
services. (II, III)