Senate
Study
Bill
1133
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
HUMAN
RESOURCES
BILL
BY
CHAIRPERSON
SEGEBART)
A
BILL
FOR
An
Act
authorizing
mental
health
professionals
to
perform
1
certain
functions
relating
to
persons
with
substance-related
2
disorders
and
persons
with
mental
illness.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
125.2,
Code
2017,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
10A.
“Mental
health
professional”
means
the
3
same
as
defined
in
section
228.1.
4
Sec.
2.
Section
125.12,
subsection
3,
Code
2017,
is
amended
5
to
read
as
follows:
6
3.
The
director
shall
provide
for
adequate
and
appropriate
7
treatment
for
persons
with
substance-related
disorders
and
8
concerned
family
members
admitted
under
sections
125.33
and
9
125.34
,
or
under
section
125.75
,
125.81
,
or
125.91
.
Treatment
10
shall
not
be
provided
at
a
correctional
institution
except
11
for
inmates.
A
mental
health
professional
,
as
defined
in
12
section
228.1
,
who
is
employed
by
a
treatment
provider
under
13
the
program
may
provide
treatment
to
a
person
with
co-occurring
14
substance-related
and
mental
health
disorders.
Such
treatment
15
may
also
be
provided
by
a
person
employed
by
such
a
treatment
16
provider
who
is
receiving
the
supervision
required
to
meet
the
17
definition
of
mental
health
professional
but
has
not
completed
18
the
supervision
component.
19
Sec.
3.
Section
125.33,
subsections
1
and
3,
Code
2017,
are
20
amended
to
read
as
follows:
21
1.
A
person
with
a
substance-related
disorder
may
apply
for
22
voluntary
treatment
or
rehabilitation
services
directly
to
a
23
facility
or
to
a
licensed
physician
and
surgeon
or
osteopathic
24
physician
and
surgeon
or
to
a
mental
health
professional
.
If
25
the
proposed
patient
is
a
minor
or
an
incompetent
person,
a
26
parent,
a
legal
guardian
or
other
legal
representative
may
27
make
the
application.
The
licensed
physician
and
surgeon
or
28
osteopathic
physician
and
surgeon
,
mental
health
professional,
29
or
any
employee
or
person
acting
under
the
direction
or
30
supervision
of
the
physician
and
surgeon
or
osteopathic
31
physician
and
surgeon,
mental
health
professional,
or
the
32
facility
shall
not
report
or
disclose
the
name
of
the
person
or
33
the
fact
that
treatment
was
requested
or
has
been
undertaken
34
to
any
law
enforcement
officer
or
law
enforcement
agency;
nor
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shall
such
information
be
admissible
as
evidence
in
any
court,
1
grand
jury,
or
administrative
proceeding
unless
authorized
2
by
the
person
seeking
treatment.
If
the
person
seeking
such
3
treatment
or
rehabilitation
is
a
minor
who
has
personally
made
4
application
for
treatment,
the
fact
that
the
minor
sought
5
treatment
or
rehabilitation
or
is
receiving
treatment
or
6
rehabilitation
services
shall
not
be
reported
or
disclosed
to
7
the
parents
or
legal
guardian
of
such
minor
without
the
minor’s
8
consent,
and
the
minor
may
give
legal
consent
to
receive
such
9
treatment
and
rehabilitation.
10
3.
A
person
with
a
substance-related
disorder
seeking
11
treatment
or
rehabilitation
and
who
is
either
addicted
or
12
dependent
on
a
chemical
substance
may
first
be
examined
and
13
evaluated
by
a
licensed
physician
and
surgeon
or
osteopathic
14
physician
and
surgeon
or
a
mental
health
professional
who
may
15
prescribe
,
if
authorized
or
licensed
to
do
so,
a
proper
course
16
of
treatment
and
medication,
if
needed.
The
licensed
physician
17
and
surgeon
or
osteopathic
physician
and
surgeon
or
mental
18
health
professional
may
further
prescribe
a
course
of
treatment
19
or
rehabilitation
and
authorize
another
licensed
physician
and
20
surgeon
or
osteopathic
physician
and
surgeon
,
mental
health
21
professional,
or
facility
to
provide
the
prescribed
treatment
22
or
rehabilitation
services.
Treatment
or
rehabilitation
23
services
may
be
provided
to
a
person
individually
or
in
24
a
group.
A
facility
providing
or
engaging
in
treatment
25
or
rehabilitation
shall
not
report
or
disclose
to
a
law
26
enforcement
officer
or
law
enforcement
agency
the
name
of
any
27
person
receiving
or
engaged
in
the
treatment
or
rehabilitation;
28
nor
shall
a
person
receiving
or
participating
in
treatment
or
29
rehabilitation
report
or
disclose
the
name
of
any
other
person
30
engaged
in
or
receiving
treatment
or
rehabilitation
or
that
the
31
program
is
in
existence,
to
a
law
enforcement
officer
or
law
32
enforcement
agency.
Such
information
shall
not
be
admitted
33
in
evidence
in
any
court,
grand
jury,
or
administrative
34
proceeding.
However,
a
person
engaged
in
or
receiving
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treatment
or
rehabilitation
may
authorize
the
disclosure
of
the
1
person’s
name
and
individual
participation.
2
Sec.
4.
Section
125.34,
subsections
3
and
7,
Code
2017,
are
3
amended
to
read
as
follows:
4
3.
A
person
who
arrives
at
a
facility
and
voluntarily
5
submits
to
examination
shall
be
examined
by
a
licensed
6
physician
or
mental
health
professional
as
soon
as
possible
7
after
the
person
arrives
at
the
facility.
The
person
8
may
then
be
admitted
as
a
patient
or
referred
to
another
9
health
facility.
The
referring
facility
shall
arrange
for
10
transportation.
11
7.
A
licensed
physician
and
surgeon
or
osteopathic
12
physician
and
surgeon,
mental
health
professional,
facility
13
administrator,
or
an
employee
or
a
person
acting
as
or
on
14
behalf
of
the
facility
administrator,
is
not
criminally
or
15
civilly
liable
for
acts
in
conformity
with
this
chapter
,
unless
16
the
acts
constitute
willful
malice
or
abuse.
17
Sec.
5.
Section
125.75,
subsection
2,
paragraph
c,
18
subparagraph
(1),
Code
2017,
is
amended
to
read
as
follows:
19
(1)
A
written
statement
of
a
licensed
physician
or
mental
20
health
professional
in
support
of
the
application.
21
Sec.
6.
Section
125.78,
subsection
3,
paragraph
b,
Code
22
2017,
is
amended
to
read
as
follows:
23
b.
Requiring
an
examination
of
the
respondent,
prior
to
24
the
hearing,
by
one
or
more
licensed
physicians
or
mental
25
health
professionals
who
shall
submit
a
written
report
of
the
26
examination
to
the
court
as
required
by
section
125.80
.
27
Sec.
7.
Section
125.80,
Code
2017,
is
amended
to
read
as
28
follows:
29
125.80
Physician’s
or
mental
health
professional’s
30
examination
——
report
——
scheduling
of
hearing.
31
1.
a.
An
examination
of
the
respondent
shall
be
conducted
32
within
a
reasonable
time
and
prior
to
the
commitment
hearing
by
33
one
or
more
licensed
physicians
or
mental
health
professionals
34
as
required
by
the
court’s
order.
If
the
respondent
is
taken
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into
custody
under
section
125.81
,
the
examination
shall
be
1
conducted
within
twenty-four
hours
after
the
respondent
is
2
taken
into
custody.
If
the
respondent
desires,
the
respondent
3
may
have
a
separate
examination
by
a
licensed
physician
or
4
mental
health
professional
of
the
respondent’s
own
choice.
5
The
court
shall
notify
the
respondent
of
the
right
to
choose
6
a
licensed
physician
or
mental
health
professional
for
a
7
separate
examination.
The
reasonable
cost
of
the
examinations
8
shall
be
paid
from
county
funds
upon
order
of
the
court
if
the
9
respondent
lacks
sufficient
funds
to
pay
the
cost.
10
b.
A
licensed
physician
or
mental
health
professional
11
conducting
an
examination
pursuant
to
this
section
may
consult
12
with
or
request
the
participation
in
the
examination
of
13
facility
personnel,
and
may
include
with
or
attach
to
the
14
written
report
of
the
examination
any
findings
or
observations
15
by
facility
personnel
who
have
been
consulted
or
have
16
participated
in
the
examination.
17
c.
If
the
respondent
is
not
taken
into
custody
under
18
section
125.81
,
but
the
court
is
subsequently
informed
that
the
19
respondent
has
declined
to
be
examined
by
a
licensed
physician
20
or
mental
health
professional
pursuant
to
the
court
order,
21
the
court
may
order
limited
detention
of
the
respondent
as
22
necessary
to
facilitate
the
examination
of
the
respondent
by
23
the
licensed
physician
or
mental
health
professional
.
24
2.
A
written
report
of
the
examination
by
a
court-designated
25
licensed
physician
or
mental
health
professional
shall
be
filed
26
with
the
clerk
prior
to
the
hearing
date.
A
written
report
27
of
an
examination
by
a
licensed
physician
or
mental
health
28
professional
chosen
by
the
respondent
may
be
similarly
filed.
29
The
clerk
shall
immediately:
30
a.
Cause
a
report
to
be
shown
to
the
judge
who
issued
the
31
order.
32
b.
Cause
the
respondent’s
attorney
to
receive
a
copy
of
33
the
report
of
a
court-designated
licensed
physician
or
mental
34
health
professional
.
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3.
If
the
report
of
a
court-designated
licensed
physician
or
1
mental
health
professional
is
to
the
effect
that
the
respondent
2
is
not
a
person
with
a
substance-related
disorder,
the
court,
3
without
taking
further
action,
may
terminate
the
proceeding
and
4
dismiss
the
application
on
its
own
motion
and
without
notice.
5
4.
If
the
report
of
a
court-designated
licensed
physician
or
6
mental
health
professional
is
to
the
effect
that
the
respondent
7
is
a
person
with
a
substance-related
disorder,
the
court
shall
8
schedule
a
commitment
hearing
as
soon
as
possible.
The
hearing
9
shall
be
held
not
more
than
forty-eight
hours
after
the
report
10
is
filed,
excluding
Saturdays,
Sundays,
and
holidays,
unless
11
an
extension
for
good
cause
is
requested
by
the
respondent,
12
or
as
soon
thereafter
as
possible
if
the
court
considers
that
13
sufficient
grounds
exist
for
delaying
the
hearing.
14
Sec.
8.
Section
125.82,
subsection
3,
Code
2017,
is
amended
15
to
read
as
follows:
16
3.
The
person
who
filed
the
application
and
a
licensed
17
physician,
mental
health
professional
as
defined
in
section
18
228.1
,
or
certified
alcohol
and
drug
counselor
certified
by
the
19
nongovernmental
Iowa
board
of
substance
abuse
certification
who
20
has
examined
the
respondent
in
connection
with
the
commitment
21
hearing
shall
be
present
at
the
hearing,
unless
the
court
22
for
good
cause
finds
that
their
presence
or
testimony
is
not
23
necessary.
The
applicant,
respondent,
and
the
respondent’s
24
attorney
may
waive
the
presence
or
telephonic
appearance
of
the
25
licensed
physician,
mental
health
professional,
or
certified
26
alcohol
and
drug
counselor
who
examined
the
respondent
and
27
agree
to
submit
as
evidence
the
written
report
of
the
licensed
28
physician,
mental
health
professional,
or
certified
alcohol
29
and
drug
counselor.
The
respondent’s
attorney
shall
inform
30
the
court
if
the
respondent’s
attorney
reasonably
believes
31
that
the
respondent,
due
to
diminished
capacity,
cannot
make
32
an
adequately
considered
waiver
decision.
“Good
cause”
for
33
finding
that
the
testimony
of
the
licensed
physician,
mental
34
health
professional,
or
certified
alcohol
and
drug
counselor
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who
examined
the
respondent
is
not
necessary
may
include,
but
1
is
not
limited
to,
such
a
waiver.
If
the
court
determines
2
that
the
testimony
of
the
licensed
physician,
mental
health
3
professional,
or
certified
alcohol
and
drug
counselor
is
4
necessary,
the
court
may
allow
the
licensed
physician,
mental
5
health
professional,
or
certified
alcohol
and
drug
counselor
to
6
testify
by
telephone.
The
respondent
shall
be
present
at
the
7
hearing
unless
prior
to
the
hearing
the
respondent’s
attorney
8
stipulates
in
writing
that
the
attorney
has
conversed
with
the
9
respondent,
and
that
in
the
attorney’s
judgment
the
respondent
10
cannot
make
a
meaningful
contribution
to
the
hearing,
or
that
11
the
respondent
has
waived
the
right
to
be
present,
and
the
12
basis
for
the
attorney’s
conclusions.
A
stipulation
to
the
13
respondent’s
absence
shall
be
reviewed
by
the
court
before
the
14
hearing,
and
may
be
rejected
if
it
appears
that
insufficient
15
grounds
are
stated
or
that
the
respondent’s
interests
would
not
16
be
served
by
the
respondent’s
absence.
17
Sec.
9.
Section
125.86,
subsection
3,
paragraph
b,
Code
18
2017,
is
amended
to
read
as
follows:
19
b.
An
advanced
registered
nurse
practitioner
who
is
20
not
certified
as
a
psychiatric
advanced
registered
nurse
21
practitioner
but
who
meets
the
qualifications
set
forth
in
the
22
definition
of
a
mental
health
professional
in
section
228.1
,
23
may
complete
periodic
reports
pursuant
to
paragraph
“a”
.
24
Sec.
10.
Section
125.91,
subsection
3,
Code
2017,
is
amended
25
to
read
as
follows:
26
3.
The
attending
physician
shall
examine
and
may
detain
27
the
person
pursuant
to
the
magistrate’s
order
for
a
period
not
28
to
exceed
forty-eight
hours
from
the
time
the
order
is
dated,
29
excluding
Saturdays,
Sundays,
and
holidays,
unless
the
order
is
30
dismissed
by
a
magistrate.
The
facility
may
provide
treatment
31
which
is
necessary
to
preserve
the
person’s
life
or
to
32
appropriately
control
the
person’s
behavior
if
the
behavior
is
33
likely
to
result
in
physical
injury
to
the
person
or
others
if
34
allowed
to
continue
or
is
otherwise
deemed
medically
necessary
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by
the
attending
physician
or
mental
health
professional
,
1
but
shall
not
otherwise
provide
treatment
to
the
person
2
without
the
person’s
consent.
The
person
shall
be
discharged
3
from
the
facility
and
released
from
detention
no
later
than
4
the
expiration
of
the
forty-eight-hour
period,
unless
an
5
application
for
involuntary
commitment
is
filed
with
the
clerk
6
pursuant
to
section
125.75
.
The
detention
of
a
person
by
the
7
procedure
in
this
section
,
and
not
in
excess
of
the
period
of
8
time
prescribed
by
this
section
,
shall
not
render
the
peace
9
officer,
attending
physician,
or
facility
detaining
the
person
10
liable
in
a
criminal
or
civil
action
for
false
arrest
or
false
11
imprisonment
if
the
peace
officer,
attending
physician,
mental
12
health
professional,
or
facility
had
reasonable
grounds
to
13
believe
that
the
circumstances
described
in
subsection
1
were
14
applicable.
15
Sec.
11.
Section
125.92,
subsection
4,
Code
2017,
is
amended
16
to
read
as
follows:
17
4.
Enjoy
all
legal,
medical,
religious,
social,
political,
18
personal,
and
working
rights
and
privileges,
which
the
person
19
would
enjoy
if
not
detained,
taken
into
immediate
custody,
20
or
committed,
consistent
with
the
effective
treatment
of
the
21
person
and
of
the
other
persons
in
the
facility.
If
the
22
person’s
rights
are
restricted,
the
physician’s
or
mental
23
health
professional’s
direction
to
that
effect
shall
be
noted
24
in
the
person’s
record.
The
person
or
the
person’s
next
of
25
kin
or
guardian
shall
be
advised
of
the
person’s
rights
and
26
be
provided
a
written
copy
upon
the
person’s
admission
to
or
27
arrival
at
the
facility.
28
Sec.
12.
Section
229.6,
subsection
2,
paragraph
c,
29
subparagraph
(1),
Code
2017,
is
amended
to
read
as
follows:
30
(1)
A
written
statement
of
a
licensed
physician
or
mental
31
health
professional
in
support
of
the
application.
32
Sec.
13.
Section
229.8,
subsection
3,
paragraph
b,
Code
33
2017,
is
amended
to
read
as
follows:
34
b.
Order
an
examination
of
the
respondent,
prior
to
35
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the
hearing,
by
one
or
more
licensed
physicians
or
mental
1
health
professionals
who
shall
submit
a
written
report
on
the
2
examination
to
the
court
as
required
by
section
229.10
.
3
Sec.
14.
Section
229.10,
Code
2017,
is
amended
to
read
as
4
follows:
5
229.10
Physicians’
or
mental
health
professionals’
6
examination
——
report.
7
1.
a.
An
examination
of
the
respondent
shall
be
8
conducted
by
one
or
more
licensed
physicians
or
mental
health
9
professionals
,
as
required
by
the
court’s
order,
within
a
10
reasonable
time.
If
the
respondent
is
detained
pursuant
to
11
section
229.11,
subsection
1
,
paragraph
“b”
,
the
examination
12
shall
be
conducted
within
twenty-four
hours.
If
the
respondent
13
is
detained
pursuant
to
section
229.11,
subsection
1
,
14
paragraph
“a”
or
“c”
,
the
examination
shall
be
conducted
15
within
forty-eight
hours.
If
the
respondent
so
desires,
16
the
respondent
shall
be
entitled
to
a
separate
examination
17
by
a
licensed
physician
or
mental
health
professional
of
18
the
respondent’s
own
choice.
The
reasonable
cost
of
the
19
examinations
shall,
if
the
respondent
lacks
sufficient
funds
to
20
pay
the
cost,
be
paid
by
the
regional
administrator
from
mental
21
health
and
disability
services
region
funds
upon
order
of
the
22
court.
23
b.
Any
licensed
physician
or
mental
health
professional
24
conducting
an
examination
pursuant
to
this
section
may
consult
25
with
or
request
the
participation
in
the
examination
of
any
26
consulting
mental
health
professional,
and
may
include
with
or
27
attach
to
the
written
report
of
the
examination
any
findings
28
or
observations
by
any
consulting
mental
health
professional
29
who
has
been
so
consulted
or
has
so
participated
in
the
30
examination.
31
c.
If
the
respondent
is
not
taken
into
custody
under
32
section
229.11
,
but
the
court
is
subsequently
informed
that
33
the
respondent
has
declined
to
be
examined
by
the
one
or
more
34
licensed
physician
or
physicians
or
mental
health
professionals
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pursuant
to
the
court
order,
the
court
may
order
such
limited
1
detention
of
the
respondent
as
is
necessary
to
facilitate
the
2
examination
of
the
respondent
by
the
one
or
more
licensed
3
physician
or
physicians
or
mental
health
professionals
.
4
2.
A
written
report
of
the
examination
by
the
one
or
more
5
court-designated
physician
or
physicians
or
mental
health
6
professionals
shall
be
filed
with
the
clerk
prior
to
the
time
7
set
for
hearing.
A
written
report
of
any
examination
by
a
8
physician
chosen
by
the
respondent
may
be
similarly
filed.
The
9
clerk
shall
immediately
do
all
of
the
following
:
10
a.
Cause
the
report
or
reports
to
be
shown
to
the
judge
who
11
issued
the
order
;
and
.
12
b.
Cause
the
respondent’s
attorney
to
receive
a
copy
of
13
the
report
of
the
court-designated
physician
or
physicians
or
14
reports
.
15
3.
If
the
report
of
one
or
more
of
the
court-designated
16
physician
or
physicians
or
mental
health
professionals
is
17
to
the
effect
that
the
individual
is
not
seriously
mentally
18
impaired,
the
court
may
without
taking
further
action
terminate
19
the
proceeding
and
dismiss
the
application
on
its
own
motion
20
and
without
notice.
21
4.
If
the
report
of
one
or
more
of
the
court-designated
22
physician
or
physicians
or
mental
health
professionals
is
23
to
the
effect
that
the
respondent
is
seriously
mentally
24
impaired,
the
court
shall
schedule
a
hearing
on
the
application
25
as
soon
as
possible.
The
hearing
shall
be
held
not
more
26
than
forty-eight
hours
after
the
report
is
filed,
excluding
27
Saturdays,
Sundays
and
holidays,
unless
an
extension
for
good
28
cause
is
requested
by
the
respondent,
or
as
soon
thereafter
as
29
possible
if
the
court
considers
that
sufficient
grounds
exist
30
for
delaying
the
hearing.
31
Sec.
15.
Section
229.22,
subsection
2,
paragraph
a,
32
subparagraphs
(2),
(3),
(4),
and
(5),
Code
2017,
are
amended
33
to
read
as
follows:
34
(2)
Upon
delivery
of
the
person
believed
mentally
ill
to
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the
facility
or
hospital,
the
examining
physician,
examining
1
physician
assistant,
examining
mental
health
professional,
or
2
examining
psychiatric
advanced
registered
nurse
practitioner
3
may
order
treatment
of
that
person,
including
chemotherapy,
4
but
only
to
the
extent
necessary
to
preserve
the
person’s
life
5
or
to
appropriately
control
behavior
by
the
person
which
is
6
likely
to
result
in
physical
injury
to
that
person
or
others
7
if
allowed
to
continue.
8
(3)
The
peace
officer
who
took
the
person
into
custody,
9
or
other
party
who
brought
the
person
to
the
facility
or
10
hospital,
shall
describe
the
circumstances
of
the
matter
to
the
11
examining
physician,
examining
physician
assistant,
examining
12
mental
health
professional,
or
examining
psychiatric
advanced
13
registered
nurse
practitioner.
If
the
person
is
a
peace
14
officer,
the
peace
officer
may
do
so
either
in
person
or
by
15
written
report.
16
(4)
If
the
examining
physician,
examining
physician
17
assistant,
examining
mental
health
professional,
or
examining
18
psychiatric
advanced
registered
nurse
practitioner
finds
19
that
there
is
reason
to
believe
that
the
person
is
seriously
20
mentally
impaired,
and
because
of
that
impairment
is
likely
21
to
physically
injure
the
person’s
self
or
others
if
not
22
immediately
detained,
the
examining
physician,
examining
23
physician
assistant,
examining
mental
health
professional,
or
24
examining
psychiatric
advanced
registered
nurse
practitioner
25
shall
at
once
communicate
with
the
nearest
available
magistrate
26
as
defined
in
section
801.4,
subsection
10
.
27
(5)
The
magistrate
shall,
based
upon
the
circumstances
28
described
by
the
examining
physician,
examining
physician
29
assistant,
examining
mental
health
professional,
or
examining
30
psychiatric
advanced
registered
nurse
practitioner,
give
the
31
examining
physician,
examining
physician
assistant,
examining
32
mental
health
professional,
or
examining
psychiatric
advanced
33
registered
nurse
practitioner
oral
instructions
either
34
directing
that
the
person
be
released
forthwith
or
authorizing
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the
person’s
detention
in
an
appropriate
facility.
A
peace
1
officer
from
the
law
enforcement
agency
that
took
the
person
2
into
custody,
if
available,
during
the
communication
with
the
3
magistrate,
may
inform
the
magistrate
that
an
arrest
warrant
4
has
been
issued
for
or
charges
are
pending
against
the
person
5
and
request
that
any
oral
or
written
order
issued
under
this
6
subsection
require
the
facility
or
hospital
to
notify
the
law
7
enforcement
agency
about
the
discharge
of
the
person
prior
to
8
discharge.
The
magistrate
may
also
give
oral
instructions
and
9
order
that
the
detained
person
be
transported
to
an
appropriate
10
facility.
11
Sec.
16.
Section
229.22,
subsection
3,
Code
2017,
is
amended
12
to
read
as
follows:
13
3.
The
chief
medical
officer
of
the
facility
or
hospital
14
shall
examine
and
may
detain
and
care
for
the
person
taken
15
into
custody
under
the
magistrate’s
order
for
a
period
not
to
16
exceed
forty-eight
hours
from
the
time
such
order
is
dated,
17
excluding
Saturdays,
Sundays
and
holidays,
unless
the
order
is
18
sooner
dismissed
by
a
magistrate.
The
facility
or
hospital
may
19
provide
treatment
which
is
necessary
to
preserve
the
person’s
20
life,
or
to
appropriately
control
behavior
by
the
person
21
which
is
likely
to
result
in
physical
injury
to
the
person’s
22
self
or
others
if
allowed
to
continue,
but
may
not
otherwise
23
provide
treatment
to
the
person
without
the
person’s
consent.
24
The
person
shall
be
discharged
from
the
facility
or
hospital
25
and
released
from
custody
not
later
than
the
expiration
of
26
that
period,
unless
an
application
is
sooner
filed
with
the
27
clerk
pursuant
to
section
229.6
.
Prior
to
such
discharge
the
28
facility
or
hospital
shall,
if
required
by
this
section
,
notify
29
the
law
enforcement
agency
requesting
such
notification
about
30
the
discharge
of
the
person.
The
law
enforcement
agency
shall
31
retrieve
the
person
no
later
than
six
hours
after
notification
32
from
the
facility
or
hospital
but
in
no
circumstances
shall
the
33
detention
of
the
person
exceed
the
period
of
time
prescribed
34
for
detention
by
this
subsection
.
The
detention
of
any
person
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by
the
procedure
and
not
in
excess
of
the
period
of
time
1
prescribed
by
this
section
shall
not
render
the
peace
officer,
2
physician,
mental
health
professional,
facility,
or
hospital
3
so
detaining
that
person
liable
in
a
criminal
or
civil
action
4
for
false
arrest
or
false
imprisonment
if
the
peace
officer,
5
physician,
mental
health
professional,
facility,
or
hospital
6
had
reasonable
grounds
to
believe
the
person
so
detained
was
7
mentally
ill
and
likely
to
physically
injure
the
person’s
self
8
or
others
if
not
immediately
detained,
or
if
the
facility
9
or
hospital
was
required
to
notify
a
law
enforcement
agency
10
by
this
section
,
and
the
law
enforcement
agency
requesting
11
notification
prior
to
discharge
retrieved
the
person
no
later
12
than
six
hours
after
the
notification,
and
the
detention
prior
13
to
the
retrieval
of
the
person
did
not
exceed
the
period
of
14
time
prescribed
for
detention
by
this
subsection
.
15
Sec.
17.
Section
229.23,
subsection
3,
Code
2017,
is
amended
16
to
read
as
follows:
17
3.
In
addition
to
protection
of
the
person’s
constitutional
18
rights,
enjoyment
of
other
legal,
medical,
religious,
social,
19
political,
personal
and
working
rights
and
privileges
which
20
the
person
would
enjoy
if
the
person
were
not
so
hospitalized
21
or
detained,
so
far
as
is
possible
consistent
with
effective
22
treatment
of
that
person
and
of
the
other
patients
of
the
23
hospital.
If
the
patient’s
rights
are
restricted,
the
24
physician’s
or
mental
health
professional’s
direction
to
25
that
effect
shall
be
noted
on
the
patient’s
record.
The
26
department
of
human
services
shall,
in
accordance
with
chapter
27
17A
establish
rules
setting
forth
the
specific
rights
and
28
privileges
to
which
persons
so
hospitalized
or
detained
are
29
entitled
under
this
section
,
and
the
exceptions
provided
by
30
section
17A.2,
subsection
11
,
paragraphs
“a”
and
“k”,
shall
not
31
be
applicable
to
the
rules
so
established.
The
patient
or
the
32
patient’s
next
of
kin
or
friend
shall
be
advised
of
these
rules
33
and
be
provided
a
written
copy
upon
the
patient’s
admission
to
34
or
arrival
at
the
hospital.
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Sec.
18.
Section
229.25,
subsection
1,
paragraph
a,
1
subparagraph
(1),
Code
2017,
is
amended
to
read
as
follows:
2
(1)
The
information
is
requested
by
a
licensed
physician
or
3
mental
health
professional
,
attorney
,
or
advocate
who
provides
4
the
chief
medical
officer
with
a
written
waiver
signed
by
the
5
person
about
whom
the
information
is
sought.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
allows
mental
health
professionals
to
perform
10
examinations,
treat
and
prescribe
treatment
or
medication,
if
11
authorized
to
do
so,
and
submit
written
statements
and
reports
12
as
required
or
ordered
by
a
court
in
accordance
with
certain
13
voluntary
and
involuntary
hospitalization
and
commitment
14
proceedings
for
persons
with
a
substance-related
disorder
or
15
serious
mental
illness.
16
A
mental
health
professional
is
defined
in
Code
section
17
228.1
as
an
individual
who
either
holds
at
least
a
master’s
18
degree
in
a
mental
health
field,
a
current
license
in
this
19
state
if
practicing
a
licensed
profession,
and
has
at
least
two
20
years
of
post-degree
clinical
experience
under
the
supervision
21
of
another
mental
health
professional
assessing
mental
health
22
needs
and
providing
appropriate
mental
health
services;
or
the
23
individual
holds
a
current
license
in
this
state
if
practicing
24
a
licensed
profession
and
is
a
psychiatrist,
a
licensed
25
advanced
registered
nurse
practitioner
who
holds
a
national
26
certification
in
psychiatric
mental
health
care,
a
physician
27
assistant
practicing
under
the
supervision
of
a
psychiatrist,
28
or
is
licensed
by
the
board
of
psychology
and
holds
a
doctorate
29
degree
in
psychology.
30
The
bill
allows
a
mental
health
professional
to
examine
a
31
person
when
it
appears
that
the
person
should
be
immediately
32
detained
due
to
a
serious
mental
impairment
but
an
application
33
has
not
been
filed
naming
the
person
as
the
respondent
and
the
34
person
cannot
be
ordered
into
immediate
custody
and
detained
or
35
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when
necessary
to
preserve
the
person’s
life
or
appropriately
1
control
the
person’s
behavior
if
physical
injury
to
the
2
person
or
others
is
likely.
The
bill
excludes
mental
health
3
professionals
from
liability
for
detaining
a
person
in
this
4
situation.
5
The
bill
excludes
mental
health
professionals
from
civil
or
6
criminal
liability
for
the
professional’s
role
in
admitting
a
7
person
to
a
facility
or
hospital
or
providing
treatment
to
a
8
person.
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