House File 2603 - Enrolled

PAG LIN

1	1	HOUSE FILE 2603
1	2
1	3	AN ACT
1	4 AUTHORIZING CERTAIN ADVANCED REGISTERED NURSE PRACTITIONERS AND
1	5	PSYCHIATRISTS TO FILE CERTAIN PERIODIC COURT REPORTS ON
1	6	CHRONIC SUBSTANCE ABUSERS AND PERSONS WITH MENTAL ILLNESS
1	7	WHO DO NOT REQUIRE FULL=TIME PLACEMENT IN A TREATMENT
1	8	FACILITY.
1	9
1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 11
1 12	Section 1.	Section 125.2, Code 2007, is amended by adding
1 13 the following new subsection:
1 14	NEW SUBSECTION.	13C.	"Psychiatric advanced registered
1 15 nurse practitioner" means an individual currently licensed as
1 16 a registered nurse under chapter 152 or 152E who holds a
1 17 national certification in psychiatric health care and who is
1 18 registered with the board of nursing as an advanced registered
1 19 nurse practitioner.
1 20	Sec. 2.	Section 125.86, subsection 2, Code 2007, is
1 21 amended to read as follows:
1 22	2.	No more than sixty days after entry of a court order
1 23 for treatment of a respondent under section 125.84, subsection
1 24 3, and thereafter at successive intervals not to exceed ninety
1 25 days for as long as involuntary treatment continues, the
1 26 administrator of the facility or the psychiatrist or
  1 27 psychiatric advanced registered nurse practitioner treating
  1 28 the patient shall report to the court which entered the order.
1 29 The report shall be submitted in the manner required by
1 30 section 125.84, shall state whether in the opinion of the
1 31 chief medical officer or the psychiatrist or psychiatric
  1 32 advanced registered nurse practitioner the respondent's
1 33 condition has improved, remains unchanged, or has
1 34 deteriorated, and shall indicate the further length of time
35 the respondent will require treatment by the facility.	If the
1 respondent fails or refuses to submit to treatment as ordered
2	2 by the court, the administrator of the facility shall at once
2	3 notify the court, which shall order the respondent committed
2	4 for treatment as provided by section 125.84, subsection 3,
2	5 unless the court finds that the failure or refusal was with
2	6 good cause, and that the respondent is willing to receive
2	7 treatment as provided in the court's order, or in a revised
2	8 order if the court sees fit to enter one.	If the
2	9 administrator of the facility reports to the court that the
2 10 respondent requires full=time custody, care, and treatment in
2 11 a facility, and the respondent is willing to be admitted
2 12 voluntarily to the facility for these purposes, the court may
2 13 enter an order approving the placement upon consultation with
2 14 the administrator of the facility in which the respondent is
2 15 to be placed.	If the respondent is unwilling to be admitted
2 16 voluntarily to the facility, the procedure for determining
2 17 involuntary commitment, as provided in section 125.84,
2 18 subsection 3, shall be followed.
2 19	Sec. 3.	Section 125.86, Code 2007, is amended by adding
2 20 the following new subsection:
2 21	NEW SUBSECTION.	3.	a.	A psychiatric advanced registered
2 22 nurse practitioner treating a patient previously hospitalized
2 23 under this chapter may complete periodic reports pursuant to
2 24 this section on the patient if the patient has been
2 25 recommended for treatment on an outpatient or other
2 26 appropriate basis pursuant to section 125.84, subsection 3,
2 27 and if a psychiatrist licensed pursuant to chapter 148, 150,
2 28 or 150A personally evaluates the patient on at least an annual
2 29 basis.
2 30	b.	An advanced registered nurse practitioner who is not
2 31 certified as a psychiatric advanced registered nurse
2 32 practitioner but who meets the qualifications set forth in the
2 33 definition of a mental health professional in section 228.1 on
2 34 July 1, 2008, may complete periodic reports pursuant to
35 paragraph "a".
1	Sec. 4.	Section 229.1, Code 2007, is amended by adding the
3	2 following new subsection:
3	3	NEW SUBSECTION.	11A.	"Psychiatric advanced registered

3	4 nurse practitioner" means an individual currently licensed as
3	5 a registered nurse under chapter 152 or 152E who holds a
3	6 national certification in psychiatric health care and who is
3	7 registered with the board of nursing as an advanced registered
3	8 nurse practitioner.
3	9	Sec. 5.	Section 229.15, subsection 2, Code 2007, is
3 10 amended to read as follows:
3 11	2.	Not more than sixty days after the entry of a court
3 12 order for treatment of a patient pursuant to a report issued
3 13 under section 229.14, subsection 1, paragraph "c", and
3 14 thereafter at successive intervals as ordered by the court but
3 15 not to exceed ninety days so long as that court order remains
3 16 in effect, the medical director of the facility or the
  3 17 psychiatrist or psychiatric advanced registered nurse
  3 18 practitioner treating the patient shall report to the court
3 19 which entered the order.	The report shall state whether the
3 20 patient's condition has improved, remains unchanged, or has
3 21 deteriorated, and shall indicate if possible the further
3 22 length of time the patient will require treatment by the
3 23 facility.	If at any time the patient without good cause fails
3 24 or refuses to submit to treatment as ordered by the court, the
3 25 medical director shall at once so notify the court, which
3 26 shall order the patient hospitalized as provided by section
3 27 229.14, subsection 2, paragraph "d", unless the court finds
3 28 that the failure or refusal was with good cause and that the
3 29 patient is willing to receive treatment as provided in the
3 30 court's order, or in a revised order if the court sees fit to
3 31 enter one.	If at any time the medical director reports to the
3 32 court that in the director's opinion the patient requires
3 33 full=time custody, care and treatment in a hospital, and the
3 34 patient is willing to be admitted voluntarily to the hospital
35 for these purposes, the court may enter an order approving
1 hospitalization for appropriate treatment upon consultation
4	2 with the chief medical officer of the hospital in which the
4	3 patient is to be hospitalized.	If the patient is unwilling to
4	4 be admitted voluntarily to the hospital, the procedure for
4	5 determining involuntary hospitalization, as set out in section
4	6 229.14, subsection 2, paragraph "d", shall be followed.
4	7	Sec. 6.	Section 229.15, Code 2007, is amended by adding
4	8 the following new subsection:
4	9	NEW SUBSECTION.	2A.	a.	A psychiatric advanced registered
4 10 nurse practitioner treating a patient previously hospitalized
4 11 under this chapter may complete periodic reports pursuant to
4 12 this section on the patient if the patient has been
4 13 recommended for treatment on an outpatient or other
4 14 appropriate basis pursuant to section 229.14, subsection 1,
4 15 paragraph "c", and if a psychiatrist licensed pursuant to
4 16 chapter 148, 150, or 150A personally evaluates the patient on
4 17 at least an annual basis.
4 18	b.	An advanced registered nurse practitioner who is not
4 19 certified as a psychiatric advanced registered nurse
4 20 practitioner but who meets the qualifications set forth in the
4 21 definition of a mental health professional in section 228.1 on
4 22 July 1, 2008, may complete periodic reports pursuant to
4 23 paragraph "a".
4 24
4 25
4 26
4 27	PATRICK J. MURPHY
4 28	Speaker of the House
4 29
4 30
4 31
4 32	JOHN P. KIBBIE
4 33	President of the Senate
4 34
35	I hereby certify that this bill originated in the House and
1 is known as House File 2603, Eighty=second General Assembly. 5	2
5	3
5	4
5	5	MARK BRANDSGARD
5	6	Chief Clerk of the House
5	7 Approved	, 2008
5	8
5	9
5 10  	
5 11 CHESTER J. CULVER
5 12 Governor