Text: SF02115 Text: SF02117 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 225C.4, subsection 1, paragraph m, Code 1 2 2003, is amended to read as follows: 1 3 m. Provide consultation and technical assistance to 1 4 patients' advocates appointed pursuant to section 229.19, in 1 5 cooperation with thejudicial branch and theresident advocate 1 6 committees appointed for health care facilities pursuant to 1 7 section 135C.25. 1 8 Sec. 2. Section 229.2, subsection 1, paragraph f, Code 1 9 2003, is amended to read as follows: 1 10 f. Upon approval of the admission of a minor over the 1 11 minor's objections, the juvenile court shallappoint an1 12individual to act as aninform the patient advocate 1 13representingappointed for that county pursuant to section 1 14 229.19 who shall represent the interests of the minor in the 1 15 same manner asanthe advocaterepresentingrepresents the 1 16 interests of patients involuntarily hospitalizedpursuant to1 17section 229.19under this chapter. 1 18 Sec. 3. Section 229.9A, Code 2003, is amended to read as 1 19 follows: 1 20 229.9A PATIENT ADVOCATE INFORMED. 1 21 The court shall direct the clerk to furnish the patient 1 22 advocate and the single entry point process administrator of 1 23 the respondent's county of legal settlement with a copy of 1 24 application and any order issued pursuant to section 229.8, 1 25 subsection 3. The advocate may attend the hospitalization 1 26 hearing of any respondent for whom the advocate has received 1 27 notice of a hospitalization hearing. 1 28 Sec. 4. Section 229.14A, subsection 1, Code 2003, is 1 29 amended to read as follows: 1 30 1. With respect to a chief medical officer's report made 1 31 pursuant to section 229.14, subsection 1, paragraph "b", "c", 1 32 or "d", or any other provision of this chapter related to 1 33 involuntary commitment for which the court issues a placement 1 34 order or a transfer of placement is authorized, the court 1 35 shall provide notice to the respondent and the respondent's 2 1 attorney ormental healthpatient advocate pursuant to section 2 2 229.19 concerning the placement order and the respondent's 2 3 right to request a placement hearing to determine if the order 2 4 for placement or transfer of placement is appropriate. 2 5 Sec. 5. Section 229.19, unnumbered paragraph 1, Code 2003, 2 6 is amended to read as follows: 2 7 Thedistrict court in each county with a population of2 8under three hundred thousand inhabitants and theboard of 2 9 supervisors in each countywith a population of three hundred2 10thousand or more inhabitantsshall appoint an individualwho2 11has demonstrated by prior activities an informed concern for2 12the welfare and rehabilitation of persons with mental illness,2 13and who is not an officer or employee of the department of2 14human services nor of any agency or facility providing care or2 15treatment to persons with mental illness,to act as advocate 2 16 representing the interests of patients involuntarily 2 17 hospitalized by the court, in any matter relating to the 2 18 patients' hospitalization or treatment under section 229.14 or 2 19 229.15. The appointed individual must possess a bachelor's 2 20 degree or higher degree from an accredited school, college, or 2 21 university and have one or more years of experience in a human 2 22 services-related field. In addition, the individual must have 2 23 demonstrated by prior activities an informed concern for the 2 24 welfare and rehabilitation of persons with mental illness, and 2 25 shall not be an officer or employee of the department or of 2 26 any agency or facility providing care or treatment to persons 2 27 with mental illness. Thecourt or, if the advocate is2 28appointed by thecounty board of supervisors, the boardshall 2 29 assign the advocate appointedfromby a patient's county of 2 30 legal settlement to represent the interests of the patient. 2 31 If a patienthas nodoes not have a county of legal 2 32 settlement,the court or, if the advocate is appointed bythe 2 33 county board of supervisors, the boardshall assign the 2 34 advocate appointed from the county where the hospital or 2 35 facility is located to represent the interests of the patient. 3 1 The advocate's responsibility with respect to any patient 3 2 shall begin at whatever time the attorney employed or 3 3 appointed to represent that patient as respondent in 3 4 hospitalization proceedings, conducted under sections 229.6 to 3 5 229.13, reports to the court that the attorney's services are 3 6 no longer required and requests the court's approval to 3 7 withdraw as counsel for that patient. However, if the patient 3 8 is found to be seriously mentally impaired at the 3 9 hospitalization hearing, the attorney representing the patient 3 10 shall automatically be relieved of responsibility in the case 3 11 and an advocate shall be assigned to the patient at the 3 12 conclusion of the hearing unless the attorney indicatesan3 13 intent to continue the attorney's services and the court so 3 14 directs. If the court directs the attorney to remain on the 3 15 case the attorney shall assume all the duties of an advocate. 3 16 The clerk shall furnish the advocate with a copy of the 3 17 court's order approving the withdrawal or the court's 3 18 commitment or custody order and shall inform the patient of 3 19 the name of the patient's advocate. With regard to each 3 20 patient whose interests the advocate is required to represent 3 21 pursuant to this section, the advocate's duties shall include 3 22 all of the following: 3 23 Sec. 6. Section 229.19, Code 2003, is amended by adding 3 24 the following new subsection: 3 25 NEW SUBSECTION. 7. If the costs of a patient's 3 26 evaluation, care, or treatment provided pursuant to this 3 27 chapter are payable in whole or in part by a county, to 3 28 provide to the county single entry point process the 3 29 information necessary for authorizing payment for the 3 30 evaluation, care, or treatment. 3 31 Sec. 7. Section 229.19, unnumbered paragraph 3, Code 2003, 3 32 is amended to read as follows: 3 33 Thecourt or, if the advocate is appointed by thecounty 3 34 board of supervisors, the boardshall prescribe reasonable 3 35 compensation for the services of the patient advocate. The 4 1 compensation shall be based upon the reports filed by the 4 2 advocate with the court. The advocate's compensation shall be 4 3 paid by the county in which the court is located, either on4 4order of the court or, if the advocate is appointed by the4 5county board of supervisors,on the direction of the county 4 6 board of supervisors.If the advocate is appointed by the4 7court, the advocate is an employee of the state for purposes4 8of chapter 669. If the advocate is appointed by the county4 9board of supervisors, theThe advocate is an employee of the 4 10 county for purposes of chapter 670. If the patient or the 4 11 person who is legally liable for the patient's support is not 4 12 indigent, the board shall recover the costs of compensating 4 13 the advocate from that person. If that person has an income 4 14 level as determined pursuant to section 815.9 greater than one 4 15 hundred percent but not more than one hundred fifty percent of 4 16 the poverty guidelines, at least one hundred dollars of the 4 17 advocate's compensation shall be recovered in the manner 4 18 prescribed by the county board of supervisors. If that person 4 19 has an income level as determined pursuant to section 815.9 4 20 greater than one hundred fifty percent of the poverty 4 21 guidelines, at least two hundred dollars of the advocate's 4 22 compensation shall be recovered in substantially the same 4 23 manner prescribed by the county board of supervisors as 4 24 provided in section 815.7. 4 25 Sec. 8. CURRENT ADVOCATES – QUALIFICATIONS. An 4 26 individual serving as a mental health patient advocate under 4 27 section 229.19 as of July 1, 2004, shall be deemed to meet the 4 28 qualifications otherwise required by section 229.19, as 4 29 amended by this Act. 4 30 EXPLANATION 4 31 This bill relates to the appointment and duties of mental 4 32 health patient advocates in Code section 229.19. 4 33 Current law provides for appointment of a patient advocate 4 34 by the district court, except in counties with a population of 4 35 300,000 or more where the advocate is appointed by the county 5 1 board of supervisors. The bill provides for the county board 5 2 of supervisors to appoint the advocate in all counties. In 5 3 addition, the bill adds new qualifications to require that an 5 4 advocate must have at least a bachelor's degree and one or 5 5 more years of experience. Finally, the bill adds a duty for 5 6 those patients whose evaluation, care, or treatment costs are 5 7 paid in whole or part by the county. For these patients, the 5 8 advocate is directed to provide the county single entry point 5 9 process with the information necessary for authorizing payment 5 10 for the patients' evaluation, care, or treatment. 5 11 The bill amends Code section 229.9A, which requires the 5 12 clerk of court to provide the patient advocate with a copy of 5 13 the commitment application and order, to require that this 5 14 information also be provided to the administrator of the 5 15 county's single entry point process. 5 16 The bill provides conforming amendments in Code section 5 17 225C.4, relating to the duties of the administrator of the 5 18 department of human services division that deals with mental 5 19 health and developmental disability services, and Code section 5 20 229.14A, relating to involuntary placement hearings. In 5 21 addition, the bill amends Code section 229.2 to provide that 5 22 the patient advocate is to represent a minor who is 5 23 hospitalized over the minor's objections. 5 24 The bill includes an uncodified provision providing that an 5 25 individual serving as a mental health patient advocate as of 5 26 July 1, 2004, shall be deemed to meet the new qualifications 5 27 for the position that would otherwise be required by the bill. 5 28 LSB 5637XS 80 5 29 jp/gg/14
Text: SF02115 Text: SF02117 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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