House Amendment 1659


PAG LIN




     1  1    Amend Senate File 381, as passed by the Senate, as
     1  2 follows:
     1  3 #1.  By striking page 1, line 27, through page 3,
     1  4 line 6, and inserting the following:
     1  5    <Sec.    .  Section 225C.4, subsection 1, paragraph
     1  6 m, Code 2007, is amended to read as follows:
     1  7    m.  Provide consultation and technical assistance
     1  8 to patients' patient advocates appointed pursuant to
     1  9 section 229.19, in cooperation with the judicial
     1 10 branch and the resident advocate committees appointed
     1 11 for health care facilities pursuant to section
     1 12 135C.25.
     1 13    Sec.    .  Section 226.31, Code 2007, is amended to
     1 14 read as follows:
     1 15    226.31  EXAMINATION BY COURT == NOTICE.
     1 16    Before granting the order authorized in section
     1 17 226.30 the court or judge shall investigate the
     1 18 allegations of the petition and before proceeding to a
     1 19 hearing on the allegations shall require notice to be
     1 20 served on the attorney who represented the patient in
     1 21 any prior proceedings under sections 229.6 to 229.15
     1 22 or the patient advocate appointed under section
     1 23 229.19, or in the case of a patient who entered the
     1 24 hospital voluntarily, on any relative, friend, or
     1 25 guardian of the person in question of the filing of
     1 26 the application.  At the hearing the court or judge
     1 27 shall appoint a guardian ad litem for the person, if
     1 28 the court or judge deems such action necessary to
     1 29 protect the rights of the person.  The guardian ad
     1 30 litem shall be a practicing attorney.
     1 31    Sec.    .  Section 229.2, subsection 1, paragraph
     1 32 f, Code 2007, is amended to read as follows:
     1 33    f.  Upon approval of the admission of a minor over
     1 34 the minor's objections, the juvenile court shall
     1 35 appoint an individual to act as an a patient advocate
     1 36 representing the interests of the minor in the same
     1 37 manner as an a patient advocate representing the
     1 38 interests of patients involuntarily hospitalized
     1 39 pursuant to section 229.19 under this chapter.
     1 40    Sec.    .  Section 229.9A, Code 2007, is amended to
     1 41 read as follows:
     1 42    229.9A  PATIENT ADVOCATE INFORMED.
     1 43    The court shall direct the clerk to furnish the
     1 44 patient advocate of assigned to the respondent's
     1 45 county of legal settlement respondent with a copy of
     1 46 the application and any order issued pursuant to
     1 47 section 229.8, subsection 3.  The patient advocate may
     1 48 attend the hospitalization hearing of any respondent
     1 49 for whom the patient advocate has received notice of a
     1 50 hospitalization hearing.
     2  1    Sec.    .  Section 229.12, subsection 2, Code 2007,
     2  2 is amended to read as follows:
     2  3    2.  All persons not necessary for the conduct of
     2  4 the proceeding shall be excluded, except that the
     2  5 court may admit persons having a legitimate interest
     2  6 in the proceeding and shall permit the patient
     2  7 advocate from the respondent's county of legal
     2  8 settlement assigned to the respondent to attend the
     2  9 hearing.  Upon motion of the county attorney, the
     2 10 judge may exclude the respondent from the hearing
     2 11 during the testimony of any particular witness if the
     2 12 judge determines that witness's testimony is likely to
     2 13 cause the respondent severe emotional trauma.
     2 14    Sec.    .  Section 229.14A, subsection 1, Code
     2 15 2007, is amended to read as follows:
     2 16    1.  With respect to a chief medical officer's
     2 17 report made pursuant to section 229.14, subsection 1,
     2 18 paragraph "b", "c", or "d", or any other provision of
     2 19 this chapter related to involuntary commitment for
     2 20 which the court issues a placement order or a transfer
     2 21 of placement is authorized, the court shall provide
     2 22 notice to the respondent and the respondent's attorney
     2 23 or mental health patient advocate appointed pursuant
     2 24 to section 229.19 concerning the placement order and
     2 25 the respondent's right to request a placement hearing
     2 26 to determine if the order for placement or transfer of
     2 27 placement is appropriate.
     2 28    Sec.    .  Section 229.15, subsection 5, Code 2007,
     2 29 is amended to read as follows:
     2 30    5.  Upon receipt of any report required or
     2 31 authorized by this section the court shall furnish a
     2 32 copy to the patient's attorney, or alternatively to
     2 33 the patient advocate appointed as required by section
     2 34 229.19.  The court shall examine the report and take
     2 35 the action thereon which it on the report as the court
     2 36 deems appropriate.  Should the court fail to receive
     2 37 any report required by this section or section 229.14
     2 38 at the time the report is due, the court shall
     2 39 investigate the reason for the failure to report and
     2 40 take whatever action may be necessary in the matter.
     2 41    Sec.    .  Section 229.19, Code 2007, is amended to
     2 42 read as follows:
     2 43    229.19  ADVOCATES == DUTIES == COMPENSATION ==
     2 44 STATE AND COUNTY LIABILITY.
     2 45    1.  The district court in each county with a
     2 46 population of under three hundred thousand inhabitants
     2 47 and the board of supervisors in each county with a
     2 48 population of three hundred thousand or more
     2 49 inhabitants For each judicial district, the chief
     2 50 judge of the judicial district shall appoint an at
     3  1 least one individual who has demonstrated by prior
     3  2 activities an informed concern for the welfare and
     3  3 rehabilitation of persons with mental illness, and who
     3  4 is not an officer or employee of the department of
     3  5 human services nor or of any agency or facility
     3  6 providing care or treatment to persons with mental
     3  7 illness, to act as patient advocate representing.  A
     3  8 patient advocate shall represent the interests of
     3  9 patients involuntarily hospitalized by the court, in
     3 10 any matter relating to the patients' hospitalization
     3 11 or treatment under section 229.14 or 229.15.
     3 12    2.  The court or, if the advocate is appointed by
     3 13 the county board of supervisors, the board shall
     3 14 assign the patient advocate appointed from a patient's
     3 15 county of legal settlement for each patient to
     3 16 represent the interests of the patient.  If a patient
     3 17 has no county of legal settlement, the court or, if
     3 18 the advocate is appointed by the county board of
     3 19 supervisors, the board shall assign the advocate
     3 20 appointed from the county where the hospital or
     3 21 facility is located to represent the interests of the
     3 22 patient.
     3 23    3.  The patient advocate's responsibility with
     3 24 respect to any a patient shall begin at whatever the
     3 25 time the attorney employed or appointed to represent
     3 26 that patient as respondent in hospitalization
     3 27 proceedings, conducted under sections 229.6 to 229.13
     3 28 this chapter, reports to the court that the attorney's
     3 29 services are no longer required and requests the
     3 30 court's approval to withdraw as counsel for that
     3 31 patient.  However, if the patient is found to be
     3 32 seriously mentally impaired at the hospitalization
     3 33 hearing, the attorney representing the patient shall
     3 34 automatically be relieved of responsibility in the
     3 35 case and an a patient advocate shall be assigned to
     3 36 the patient at the conclusion of the hearing unless
     3 37 the attorney indicates an intent to continue the
     3 38 attorney's services and the court directs the attorney
     3 39 to do so directs.  If the court directs the attorney
     3 40 to remain on the case, the attorney shall assume all
     3 41 the duties of an a patient advocate.  The clerk shall
     3 42 furnish the patient advocate with a copy of the
     3 43 court's order approving the withdrawal and shall
     3 44 inform the patient of the name of the patient's
     3 45 advocate.
     3 46    4.  With regard to each patient whose interests the
     3 47 patient advocate is required to represent pursuant to
     3 48 this section, the patient advocate's duties shall
     3 49 include all of the following:
     3 50    a.  To review each report submitted pursuant to
     4  1 sections 229.14 and 229.15.
     4  2    b.  If the patient advocate is not an attorney, to
     4  3 advise the court at any time it appears that the
     4  4 services of an attorney are required to properly
     4  5 safeguard the patient's interests.
     4  6    c.  To make the advocate be readily accessible to
     4  7 communications from the patient and to originate
     4  8 communications with the patient within five days of
     4  9 the patient's commitment.
     4 10    d.  To visit the patient within fifteen days of the
     4 11 patient's commitment and periodically thereafter.
     4 12    e.  To communicate with medical personnel treating
     4 13 the patient and to review the patient's medical
     4 14 records pursuant to section 229.25.
     4 15    f.  To file with the court quarterly reports, and
     4 16 additional reports as the patient advocate feels are
     4 17 necessary or as required by the court, in a form
     4 18 prescribed by the court.  The reports shall state what
     4 19 actions the patient advocate has taken with respect to
     4 20 each patient and the amount of time spent.
     4 21    2. 5.  The hospital or facility to which a patient
     4 22 is committed shall grant all reasonable requests of
     4 23 the patient advocate to visit the patient, to
     4 24 communicate with medical personnel treating the
     4 25 patient, and to review the patient's medical records
     4 26 pursuant to section 229.25.  An A patient advocate
     4 27 shall not disseminate information from a patient's
     4 28 medical records to any other person unless done for
     4 29 official purposes in connection with the patient
     4 30 advocate's duties pursuant to this chapter or when as
     4 31 required by law.
     4 32    3. 6.  The supreme court or, if the advocate is
     4 33 appointed by the county board of supervisors, the
     4 34 board shall prescribe reasonable compensation policies
     4 35 for the services of the advocate patient advocates.
     4 36 The compensation shall may, in part, be based upon the
     4 37 reports filed by the patient advocate with the court.
     4 38 The advocate's compensation shall be paid by the
     4 39 county in which the court is located, either on order
     4 40 of the court or, if the advocate is appointed by the
     4 41 county board of supervisors, on the direction of the
     4 42 board.  If the advocate is appointed by the court, the
     4 43 advocate is an employee of the state for purposes of
     4 44 chapter 669.  If the advocate is appointed by the
     4 45 county board of supervisors, the advocate is an
     4 46 employee of the county for purposes of chapter 670.
     4 47    7.  If the patient or the person who is legally
     4 48 liable for the patient's support is not indigent, the
     4 49 board district court shall recover the costs of
     4 50 compensating the patient advocate from that person.
     5  1 If that person has an income level as determined
     5  2 pursuant to section 815.9 greater than one hundred
     5  3 percent but not more than one hundred fifty percent of
     5  4 the poverty guidelines, at least one hundred dollars
     5  5 of the patient advocate's compensation shall be
     5  6 recovered in the manner prescribed by the county board
     5  7 of supervisors supreme court.  If that person has an
     5  8 income level as determined pursuant to section 815.9
     5  9 greater than one hundred fifty percent of the poverty
     5 10 guidelines, at least two hundred dollars of the
     5 11 patient advocate's compensation shall be recovered in
     5 12 substantially the same manner prescribed by the county
     5 13 board of supervisors as provided in section 815.9.
     5 14    Sec.    .  Section 229.25, subsection 1, Code 2007,
     5 15 is amended to read as follows:
     5 16    1.  The information is requested by a licensed
     5 17 physician, attorney, or patient advocate who provides
     5 18 the chief medical officer with a written waiver signed
     5 19 by the person about whom the information is sought.
     5 20    Sec.    .  Section 602.1102, Code 2007, is amended
     5 21 by adding the following new subsection:
     5 22    NEW SUBSECTION.  6A.  Patient advocates appointed
     5 23 pursuant to section 229.19.>
     5 24 #2.  Page 5, by inserting after line 26 the
     5 25 following:
     5 26    <Sec.    .  ACCRUED EMPLOYEE RIGHTS.
     5 27    1.  Patient advocates appointed pursuant to section
     5 28 229.19, as amended by this Act, shall become employees
     5 29 of the judicial branch effective July 1, 2007, and the
     5 30 judicial branch shall assume all costs associated with
     5 31 the functions of the patient advocates on that date.
     5 32 Patient advocates who were paid salaries by the
     5 33 counties immediately prior to becoming state employees
     5 34 as a result of this Act shall not forfeit accrued
     5 35 vacation, accrued sick leave, or longevity, except as
     5 36 provided in this section.
     5 37    2.  The supreme court, after consulting with the
     5 38 department of administrative services, shall prescribe
     5 39 rules to provide for the following:
     5 40    a.  A person referred to in subsection 1 shall have
     5 41 to the person's credit as a state employee commencing
     5 42 on the date of becoming a state employee the number of
     5 43 accrued vacation days that was credited to the person
     5 44 as a county employee as of the end of the day prior to
     5 45 becoming a state employee.
     5 46    b.  Each person referred to in subsection 1 shall
     5 47 have to the person's credit as a state employee
     5 48 commencing on the date of becoming a state employee
     5 49 the number of accrued days of sick leave that was
     5 50 credited to the person as a county employee as of the
     6  1 end of the day prior to becoming a state employee.
     6  2 However, the number of days of sick leave credited to
     6  3 a person under this subsection and eligible to be
     6  4 taken when sick or eligible to be received upon
     6  5 retirement shall not respectively exceed the maximum
     6  6 number of days, if any, or the maximum dollar amount
     6  7 as provided in section 70A.23 that state employees
     6  8 generally are entitled to accrue or receive according
     6  9 to rules in effect as of the date the person becomes a
     6 10 state employee, except as otherwise provided in
     6 11 section 602.1401.
     6 12    c.  Commencing on the date of becoming a state
     6 13 employee, each person referred to in subsection 1 is
     6 14 entitled to claim the person's most recent continuous
     6 15 period of service in full=time county employment as
     6 16 full=time state employment for purposes of determining
     6 17 the number of days of vacation which the person is
     6 18 entitled to earn each year.  The actual vacation
     6 19 benefit, including the limitation on the maximum
     6 20 accumulated vacation leave, shall be determined as
     6 21 provided in section 70A.1 according to rules in effect
     6 22 for state employees of comparable longevity,
     6 23 irrespective of any greater or lesser benefit as a
     6 24 county employee.
     6 25    3.  Persons referred to in subsection 1 who were
     6 26 covered by county employee life insurance and health
     6 27 and accident insurance plans prior to becoming state
     6 28 employees as a result of this Act shall be permitted
     6 29 to apply prior to becoming state employees for life
     6 30 insurance and health and accident insurance plans that
     6 31 are available to state employees so that those persons
     6 32 do not suffer a lapse of insurance coverage as a
     6 33 result of this Act.  The supreme court, after
     6 34 consulting with the department of administrative
     6 35 services, shall prescribe rules and distribute
     6 36 application forms and take other actions as necessary
     6 37 to enable those persons to elect to have insurance
     6 38 coverage that is in effect on the date of becoming
     6 39 state employees.  The actual insurance coverage
     6 40 available to a person shall be determined by the plans
     6 41 that are available to state employees, irrespective of
     6 42 any greater or lesser benefits as a county employee.
     6 43    4.  Commencing on the date of becoming a state
     6 44 employee, each person referred to in subsection 1 is
     6 45 entitled to claim the person's most recent continuous
     6 46 period of service in full=time county employment as
     6 47 full=time state employment for purposes of determining
     6 48 disability benefits as provided in section 70A.20
     6 49 according to rules in effect for state employees of
     6 50 comparable longevity, irrespective of any greater or
     7  1 lesser benefit as a county employee.>
     7  2 #3.  By renumbering as necessary.
     7  3
     7  4
     7  5                               
     7  6 GRANZOW of Hardin
     7  7
     7  8
     7  9                               
     7 10 TOMENGA of Polk
     7 11 SF 381.201 82
     7 12 jp/es/8630

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