Text: SF00360 Text: SF00362 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 361 1 2 1 3 AN ACT 1 4 RELATING TO EMERGENCY PROCEDURES FOR THE TEMPORARY DETENTION 1 5 AND TREATMENT OF PERSONS WHO ARE INCAPACITATED OR IMPAIRED 1 6 DUE TO SUBSTANCE ABUSE OR MENTAL HEALTH PROBLEMS. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 125.91, subsection 2, Code 2003, is 1 11 amended to read as follows: 1 12 2. a. A peace officer who has reasonable grounds to 1 13 believe that the circumstances described in subsection 1 are 1 14 applicable, may, without a warrant, take or cause that person 1 15 to be taken to the nearest available facility referred to in 1 16 section 125.81, subsection 2 or 3. Such an intoxicated or 1 17 incapacitated person may also be delivered to a facility by 1 18 someone other than a peace officer upon a showing of 1 19 reasonable grounds. Upon delivery of the person to a facility 1 20 under this section, thechief medical officerexamining 1 21 physician may order treatment of the person, but only to the 1 22 extent necessary to preserve the person's life or to 1 23 appropriately control the person's behavior if the behavior is 1 24 likely to result in physical injury to the person or others if 1 25 allowed to continue. The peace officer or other person who 1 26 delivered the person to the facility shall describe the 1 27 circumstances of the matter to theadministratorexamining 1 28 physician. If the person is a peace officer, the peace 1 29 officer may do so either in person or by written report. If 1 30 theadministrator in consultation with the chief medical1 31officerexamining physician has reasonable grounds to believe 1 32 that the circumstances in subsection 1 are applicable, the 1 33administratorexamining physician shall at once communicate 1 34 with the nearest available magistrate as defined in section 1 35 801.4, subsection 10. The magistrate shallimmediately2 1proceed to the facility where the person is detained, except2 2that if the administrator's communication with the magistrate2 3occurs between the hours of midnight and seven a.m. and the2 4magistrate deems it appropriate under the circumstances2 5described by the administrator, the magistrate may delay going2 6to the facility, and in that case, shall, based upon the 2 7 circumstances described by the examining physician, give the 2 8administratorexamining physicianverbaloral instructions 2 9 either directing that the person be released forthwith, or 2 10 authorizing the person'scontinueddetentionat thein an 2 11 appropriate facility. The magistrate may also give oral 2 12 instructions and order that the detained person be transported 2 13 to an appropriate facility.In the latter case, the2 14magistrate shall:2 15a. Arrive at the facility where the person is being2 16detained as soon as possible and no later than twelve o'clock2 17noon of the same day on which the administrator's2 18communication occurred.2 19 b.By the close of business on the next working day file2 20with the clerk a written report stating the substance of the2 21communication with the administrator on which the person's2 22continued detention was ordered.If the magistrate orders 2 23 that the person be detained, the magistrate shall, by the 2 24 close of business on the next working day, file a written 2 25 order with the clerk in the county where it is anticipated 2 26 that an application may be filed under section 125.75. The 2 27 order may be filed by facsimile if necessary. The order shall 2 28 state the circumstances under which the person was taken into 2 29 custody or otherwise brought to a facility and the grounds 2 30 supporting the finding of probable cause to believe that the 2 31 person is a chronic substance abuser likely to result in 2 32 physical injury to the person or others if not detained. The 2 33 order shall confirm the oral order authorizing the person's 2 34 detention including any order given to transport the person to 2 35 an appropriate facility. The clerk shall provide a copy of 3 1 that order to the chief medical officer of the facility to 3 2 which the person was originally taken, any subsequent facility 3 3 to which the person was transported, and to any law 3 4 enforcement department or ambulance service that transported 3 5 the person pursuant to the magistrate's order. 3 6 Sec. 2. Section 125.91, subsection 3, Code 2003, is 3 7 amended by striking the subsection. 3 8 Sec. 3. Section 229.22, subsection 2, Code 2003, is 3 9 amended to read as follows: 3 10 2. In the circumstances described in subsection 1, any 3 11 peace officer who has reasonable grounds to believe that a 3 12 person is mentally ill, and because of that illness is likely 3 13 to physically injure the person's self or others if not 3 14 immediately detained, may without a warrant take or cause that 3 15 person to be taken to the nearest available facility as 3 16 defined in section 229.11, subsections 2 and 3. A person 3 17 believed mentally ill, and likely to injure the person's self 3 18 or others if not immediately detained, may be delivered to a 3 19 hospital by someone other than a peace officer. Upon delivery 3 20 of the person believed mentally ill to the hospital, thechief3 21medical officerexamining physician may order treatment of 3 22 that person, including chemotherapy, but only to the extent 3 23 necessary to preserve the person's life or to appropriately 3 24 control behavior by the person which is likely to result in 3 25 physical injury to that person or others if allowed to 3 26 continue. The peace officer who took the person into custody, 3 27 or other party who brought the person to the hospital, shall 3 28 describe the circumstances of the matter to thechief medical3 29officerexamining physician. If the person is a peace 3 30 officer, the peace officer may do so either in person or by 3 31 written report. If thechief medical officerexamining 3 32 physician finds that there is reason to believe that the 3 33 person is seriously mentally impaired, and because of that 3 34 impairment is likely to physically injure the person's self or 3 35 others if not immediately detained, thechief medical officer4 1 examining physician shall at once communicate with the nearest 4 2 available magistrate as defined in section 801.4, subsection 4 3 10. The magistrate shall, based upon the circumstances 4 4 described by thechief medical officerexamining physician, 4 5 give thechief medical officerexamining physicianverbaloral 4 6 instructions either directing that the person be released 4 7 forthwith or authorizing the person'scontinueddetentionat4 8thatin an appropriate facility. The magistrate may also give 4 9 oral instructions and order that the detained person be 4 10 transported to an appropriate facility.In the latter case,4 11the magistrate shall:4 12a. By the close of business on the next working day, file4 13with the clerk a written report stating the substance of the4 14information on the basis of which the person's continued4 15detention was ordered; and4 16b. Proceed to the facility where the person is being4 17detained within twenty-four hours of giving instructions that4 18the person be detained.If the magistrate orders that the 4 19 person be detained, the magistrate shall, by the close of 4 20 business on the next working day, file a written order with 4 21 the clerk in the county where it is anticipated that an 4 22 application may be filed under section 229.6. The order may 4 23 be filed by facsimile if necessary. The order shall state the 4 24 circumstances under which the person was taken into custody or 4 25 otherwise brought to a facility, and the grounds supporting 4 26 the finding of probable cause to believe that the person is 4 27 seriously mentally impaired and likely to injure the person's 4 28 self or others if not immediately detained. The order shall 4 29 confirm the oral order authorizing the person's detention 4 30 including any order given to transport the person to an 4 31 appropriate facility. The clerk shall provide a copy of that 4 32 order to the chief medical officer of the facility to which 4 33 the person was originally taken, to any subsequent facility to 4 34 which the person was transported, and to any law enforcement 4 35 department or ambulance service that transported the person 5 1 pursuant to the magistrate's order. 5 2 Sec. 4. Section 229.22, subsection 3, Code 2003, is 5 3 amended by striking the subsection. 5 4 5 5 5 6 5 7 MARY E. KRAMER 5 8 President of the Senate 5 9 5 10 5 11 5 12 CHRISTOPHER C. RANTS 5 13 Speaker of the House 5 14 5 15 I hereby certify that this bill originated in the Senate and 5 16 is known as Senate File 361, Eightieth General Assembly. 5 17 5 18 5 19 5 20 MICHAEL E. MARSHALL 5 21 Secretary of the Senate 5 22 Approved , 2003 5 23 5 24 5 25 5 26 THOMAS J. VILSACK 5 27 Governor
Text: SF00360 Text: SF00362 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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