Text: HF02441 Text: HF02443 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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.Said2 13 2. The clerk of court shall enter a memorandumthereofon 2 14 the appropriate record, andforthwithnotify 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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