SF 2293 (LSB 5422SV (2) 85)

SENATE FILE 2293

BY  COMMITTEE ON HUMAN RESOURCES

(SUCCESSOR TO SSB 3053)

A BILL FOR

An Act relating to the findings of an examining physician assistant for a person believed to be seriously mentally impaired in an emergency situation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 229.22, subsection 2, paragraph a, subparagraph (4), Code 2014, is amended to read as follows:
   (4)  If the examining physician, examining physician assistant, or examining psychiatric advanced registered nurse practitioner finds that there is reason to believe that the person is seriously mentally impaired, and because of that impairment is likely to physically injure the person’s self or others if not immediately detained, the examining physician, examining physician assistant, or examining psychiatric advanced registered nurse practitioner shall at once communicate with the nearest available magistrate as defined in section 801.4, subsection 10. For purposes of this subparagraph, the findings of the examining physician assistant must be approved by the examining physician assistant’s supervising physician before the examining physician assistant communicates with the nearest available magistrate.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   Under existing law in Code section 229.22, if a person is believed to have a mental illness, and due to that illness, is believed likely to physically injure the person’s self or others if not immediately detained, a peace officer or another person may take the person without a warrant or court order to a hospital or a community facility licensed to care for persons with mental illness or a substance-related disorder. This procedure is only used when it appears that the person should be immediately detained due to serious mental impairment, but an involuntary commitment application has not been filed with the court and the person cannot be ordered into immediate custody and detained.
   Upon delivery of the person to the facility or hospital, if the examining physician, examining physician assistant, or examining psychiatric advanced registered nurse practitioner finds that there is reason to believe that the person is seriously mentally impaired, and because of that impairment is likely to physically injure the person’s self or others if not immediately detained, the examining physician, examining physician assistant, or examining psychiatric advanced registered nurse practitioner is required to contact the nearest available magistrate. The findings of the examining physician assistant must be approved by the examining physician assistant’s supervising physician before the examining physician assistant communicates with the nearest available magistrate. The bill eliminates the requirement that the findings of the examining physician assistant be approved by the examining physician assistant’s supervising physician before the examining physician assistant communicates with the nearest available magistrate in these circumstances.