Text: H01646 Text: H01648 Text: H01600 - H01699 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 335, as amended, passed, and 1 2 reprinted by the House, as follows: 1 3 #1. Page 1, by inserting after line 14 the 1 4 following: 1 5 "Sec. ___. NEW SECTION. 125.83A PLACEMENT IN 1 6 CERTAIN FEDERAL FACILITIES. 1 7 If upon completion of the commitment hearing, the 1 8 court finds that the contention that the respondent is 1 9 a chronic substance abuser has been sustained by clear 1 10 and convincing evidence, and the court is furnished 1 11 evidence that the respondent is eligible for care and 1 12 treatment in a facility operated by the veterans 1 13 administration or another agency of the United States 1 14 government and that the facility is willing to receive 1 15 the respondent, the court may so order. The 1 16 respondent, when so placed in a facility operated by 1 17 the veterans administration or another agency of the 1 18 United States government within or outside of this 1 19 state, shall be subject to the rules of the veterans 1 20 administration or other agency, but shall not lose any 1 21 procedural rights afforded the respondent by this 1 22 chapter. The chief officer of the facility shall 1 23 have, with respect to the respondent so placed, the 1 24 same powers and duties as the chief medical officer of 1 25 a hospital in this state would have in regard to 1 26 submission of reports to the court, retention of 1 27 custody, transfer, convalescent leave or discharge. 1 28 Jurisdiction is retained in the court to maintain 1 29 surveillance of the respondent's treatment and care, 1 30 and at any time to inquire into the respondent's 1 31 condition and the need for continued care and custody. 1 32 2. Upon receipt of a certificate stating that a 1 33 respondent placed under this chapter is eligible for 1 34 care and treatment in a facility operated by the 1 35 veterans administration or another agency of the 1 36 United States government which is willing to receive 1 37 the respondent without charge to the state of Iowa or 1 38 any county in the state, the chief medical officer may 1 39 transfer the respondent to that facility. Upon so 1 40 doing, the chief medical officer shall notify the 1 41 court which ordered the respondent's placement in the 1 42 same manner as would be required in the case of a 1 43 transfer under section 125.86, subsection 2, and the 1 44 respondent transferred shall be entitled to the same 1 45 rights as the respondent would have under that 1 46 subsection. No respondent shall be transferred under 1 47 this section who is confined pursuant to conviction of 1 48 a public offense or whose placement was ordered upon 1 49 contention of incompetence to stand trial by reason of 1 50 mental illness, without prior approval of the court 2 1 which ordered that respondent's placement. 2 2 3. A judgment or order of commitment by a court of 2 3 competent jurisdiction of another state or the 2 4 District of Columbia, under which any person is 2 5 hospitalized or placed in a facility operated by the 2 6 veterans administration or another agency of the 2 7 United States government, shall have the same force 2 8 and effect with respect to that person while the 2 9 person is in this state as the judgment or order would 2 10 have if the person were in the jurisdiction of the 2 11 court which issued it. That court shall be deemed to 2 12 have retained jurisdiction of the person so placed for 2 13 the purpose of inquiring into that person's condition 2 14 and the need for continued care and custody, as do 2 15 courts in this state under this section. Consent is 2 16 given to the application of the law of the state or 2 17 district in which the court is situated which issued 2 18 the judgment or order as regards authority of the 2 19 chief officer of any facility, operated in this state 2 20 by the veterans administration or another agency of 2 21 the United States government, to retain custody, 2 22 transfer, place on convalescent leave or discharge the 2 23 person so committed." 2 24 #2. Page 2, line 2, by striking the word 2 25 "subsection" and inserting the following: 2 26 "subsections". 2 27 #3. Page 2, by inserting after line 2 the 2 28 following: 2 29 "NEW SUBSECTION. 7. Review team members and their 2 30 agents are immune from any liability, civil or 2 31 criminal, which might otherwise be incurred or imposed 2 32 as a result of any act, omission, proceeding, 2 33 decision, or determination undertaken or performed, or 2 34 recommendation made as a review team member or agent 2 35 provided that the review team members or agents acted 2 36 in good faith and without malice in carrying out their 2 37 official duties in their official capacity. The 2 38 department shall adopt rules pursuant to chapter 17A 2 39 to administer this subsection. A complainant bears 2 40 the burden of proof in establishing malice or lack of 2 41 good faith in an action brought against review team 2 42 members involving the performance of their duties and 2 43 powers under this section." 2 44 #4. Page 2, line 3, by striking the figure "7" and 2 45 inserting the following: "8". 2 46 #5. Page 6, line 6, by striking the word "anytime" 2 47 and inserting the following: "any time". 2 48 #6. Page 6, line 15, by striking the word "or" and 2 49 inserting the following: "and". 2 50 #7. Page 6, by striking lines 17 through 19 and 3 1 inserting the following: "entered on the certificate 3 2 of birthwithout the written consent of the mother and3 3the person to be named as the father, unless a 3 4 determination of paternity has been made". 3 5 #8. Page 7, line 6, by striking the word "A" and 3 6 inserting the following: "1. A". 3 7 #9. Page 7, line 11, by inserting after the word 3 8 "chapter." the following: "A death certificate shall 3 9 include the social security number, if provided, of 3 10 the deceased person." 3 11 #10. Page 7, by inserting after line 13 the 3 12 following: 3 13 "2. All information included on a death 3 14 certificate may be provided as mutually agreed upon by 3 15 the division and the child support recovery unit, 3 16 including by automated exchange." 3 17 #11. Page 7, line 14, by striking the word "If" 3 18 and inserting the following: "3.If". 3 19 #12. Page 9, by inserting after line 34, the 3 20 following: 3 21 "Sec. ___. Section 144.32, unnumbered paragraph 1, 3 22 Code 1997, is amended to read as follows: 3 23 If a person other than a funeral director, medical 3 24 examiner, emergency medical service, or an authorized 3 25 agent of a funeral or cremation establishment assumes 3 26 custody of a dead body or fetus, the person shall 3 27 secure a burial-transit permit. To be valid, the 3 28 burial-transit permit must be issued by the county 3 29 medical examiner, a funeral director, or the county 3 30 registrar of the county where the certificate of death 3 31 or fetal death was filed. The permit shall be 3 32 obtained prior to the removal of the body or fetus 3 33 from the place of death and the permit shall accompany 3 34 the body or fetus to the place of final disposition." 3 35 #13. Title page, line 2, by inserting after the 3 36 word "statistics," the following: "chemical substance 3 37 abuse,". 3 38 #14. By renumbering, relettering, or redesignating 3 39 and correcting internal references as necessary. 3 40 HF 335S 3 41 pf/cc/26
Text: H01646 Text: H01648 Text: H01600 - H01699 Text: H Index Bills and Amendments: General Index Bill History: General Index
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