Text: HF02441                           Text: HF02443
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House File 2442

Partial Bill History

Bill Introduced: H.J. 348
Complete Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  125.93A  TRANSMISSION BY
  1  2 FACSIMILE.
  1  3    1.  Notwithstanding any provision of this chapter to the
  1  4 contrary, the following documents may be transmitted to the
  1  5 intended recipient, according to the confidentiality
  1  6 provisions in section 125.37, via facsimile:
  1  7    a.  An order of commitment or detention and the related
  1  8 statement of facts by a court or magistrate that must be
  1  9 delivered to an appropriate facility.
  1 10    b.  An acknowledgement of receipt of the order of
  1 11 commitment or detention and the related statement of facts by
  1 12 the facility.
  1 13    2.  If an order of commitment or detention and the related
  1 14 statement of facts are delivered to a facility via facsimile
  1 15 transmission under this section, the order shall indicate on
  1 16 its face the facsimile number to which the acknowledgment of
  1 17 receipt may be transmitted, and shall contain a notice of
  1 18 confidentiality of the information contained in the order and
  1 19 related statement of facts, including instructions for return
  1 20 of the facsimile in the event of a transmittal error.
  1 21    Sec. 2.  NEW SECTION.  222.40A  TRANSMISSION BY FACSIMILE.
  1 22    1.  Notwithstanding sections 222.37 through 222.40, the
  1 23 following documents may be transmitted to the intended
  1 24 recipient via facsimile:
  1 25    a.  An order of commitment by a court that must be
  1 26 delivered to an institution, hospital-school, or special unit.
  1 27    b.  An acknowledgement of receipt of the order of
  1 28 commitment from the superintendent of the institution,
  1 29 hospital-school, or special unit designated by the court on
  1 30 the order of commitment.
  1 31    2.  If an order of commitment is delivered to an
  1 32 institution, hospital-school, or special unit via facsimile
  1 33 transmission under this section:
  1 34    a.  A duplicate of such order is not necessary,
  1 35 notwithstanding sections 222.37 through 222.40.
  2  1    b.  The order of commitment shall indicate on its face the
  2  2 facsimile number to which the acknowledgment of receipt may be
  2  3 transmitted, and shall contain a notice of confidentiality of
  2  4 the information contained in the order, including instructions
  2  5 for return of the facsimile in the event of a transmittal
  2  6 error.
  2  7    Sec. 3.  Section 229.34, Code 1997, is amended to read as
  2  8 follows:
  2  9    229.34  FINDING AND ORDER FILED.
  2 10    1.  The finding and order of the judge, with the report and
  2 11 other papers, shall be filed in the office of the clerk of the
  2 12 court where the complaint was filed. Said
  2 13    2.  The clerk of court shall enter a memorandum thereof on
  2 14 the appropriate record, and forthwith notify the chief medical
  2 15 officer of the hospital of the finding and order of the judge,
  2 16 and the chief medical officer shall carry out the order.
  2 17    3.  Notwithstanding any provisions of this chapter to the
  2 18 contrary, the following documents may be transmitted to the
  2 19 intended recipient via facsimile:
  2 20    a.  An order of commitment and the related findings by a
  2 21 court that must be delivered to the chief medical officer of a
  2 22 hospital.
  2 23    b.  An acknowledgement of receipt of the order of
  2 24 commitment and findings by the chief medical officer to the
  2 25 clerk of court.
  2 26    4.  If the findings and order of commitment are delivered
  2 27 to the chief medical officer via facsimile transmission under
  2 28 this section, the order of commitment shall indicate on its
  2 29 face the facsimile number to which the acknowledgment of
  2 30 receipt may be transmitted, and shall contain a notice of
  2 31 confidentiality of the information contained in the order,
  2 32 including instructions for return of the facsimile in the
  2 33 event of a transmittal error.  
  2 34                           EXPLANATION
  2 35    This bill permits the facsimile transmission (fax) of
  3  1 commitment orders, related factual findings, and
  3  2 acknowledgement of receipt of the order and findings, in three
  3  3 different kinds of cases:  substance abuse commitments, mental
  3  4 retardation commitments, and mental illness commitments.  The
  3  5 bill also requires that any order of commitment which is faxed
  3  6 be labeled as confidential, and include instructions for the
  3  7 return of the document to the court in the case of a
  3  8 transmission error.  
  3  9 LSB 3155YH 77
  3 10 jls/jl/8

Text: HF02441                           Text: HF02443
Text: HF02400 - HF02499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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