Senate Amendment to House File 2562 H-8387 Amend House File 2562, as amended, passed, and reprinted by 1 the House, as follows: 2 1. Page 1, before line 1 by inserting: 3 < DIVISION I 4 CARE FACILITY PLACEMENT > 5 2. Page 7, after line 24 by inserting: 6 < Sec. ___. NEW SECTION . 144H.6 Division of aging and 7 disability services —— notification. 8 1. Upon completion of a physician’s certification pursuant 9 to section 144H.2, and prior to a person authorized to consent 10 taking any action under section 144H.3, the patient’s attending 11 physician shall forward a copy of the physician’s certification 12 to the department’s division of aging and disability services. 13 2. At least ten days prior to a care facility or an 14 attending physician petitioning the court for an order 15 under section 144H.5, the care facility or the patient’s 16 attending physician shall forward a copy of the petition to the 17 department’s division of aging and disability services. 18 3. Upon granting a petition pursuant to section 144H.5, 19 the court shall forward a copy of the court order to the 20 department’s division of aging and disability services. 21 4. A receiving care facility placing a patient pursuant 22 to section 144H.3, or a court order under section 144H.5, 23 shall notify the department’s division of aging and disability 24 services upon completion of the patient’s placement at the 25 receiving care facility. > 26 3. Page 7, line 25, by striking < 144H.6 > and inserting 27 < 144H.7 > 28 4. Page 7, line 33, by striking < 144H.7 > and inserting 29 < 144H.8 > 30 5. Page 8, line 9, by striking < 144H.8 > and inserting 31 < 144H.9 > 32 6. Page 8, after line 11 by inserting: 33 < DIVISION ___ 34 PERSONS AUTHORIZED TO CONSENT —— CONTINGENT ON ENACTMENT OF 35 -1- HF 2562.4108.S (1) 91 mb 1/ 3 #1. #2. #3. #4. #5. #6.
LEGISLATION 1 Sec. ___. Section 144H.1, subsection 6, as enacted in 2 Division I of this Act, is amended to read as follows: 3 6. “Person authorized to consent” means an individual, 4 in the same order of priority prescribed in section 144A.7, 5 subsection 1, paragraph “b” , who shall be guided by the express 6 or implied intentions of the patient and who is reasonably 7 available, willing, and competent to consent, refuse to 8 consent, or withdraw consent on a patient’s behalf. 9 Sec. ___. CONTINGENT EFFECTIVE DATE. This division of this 10 Act takes effect only if 2026 Iowa Acts, House File 2305, or 11 successor legislation, amends section 144A.7, subsection 1, 12 paragraph “b”, and is substantially similar to the following 13 language: 14 b. If a patient does not have an attorney in fact, a 15 guardian appointed pursuant to chapter 633, or a guardian 16 who has obtained court approval in accordance with section 17 232D.401, subsection 4, paragraph “a”, the decision may be made 18 by any of the following individuals, who shall be guided by the 19 express or implied intentions of the patient, in the following 20 order of priority if no individual in the previous priority 21 is reasonably available, willing, and competent to make the 22 decision: 23 (1) The patient’s spouse. 24 (2) An adult child of the patient or, if the patient 25 has more than one adult child, the decision agreed to by a 26 majority of the adult children who are reasonably available for 27 consultation with the patient’s attending provider. 28 (3) A parent of the patient or if the patient has more than 29 one parent, the decision agreed to by both parents if both 30 are reasonably available for consultation with the patient’s 31 attending provider. 32 (4) An adult sibling of the patient or, if the patient 33 has more than one adult sibling, the decision agreed to by a 34 majority of the adult siblings who are reasonably available for 35 -2- HF 2562.4108.S (1) 91 mb 2/ 3
consultation with the patient’s attending provider. 1 (5) The decision agreed to by a majority of the patient’s 2 adult relatives, including but not limited to grandchildren, 3 grandparents, aunts, uncles, nieces, nephews, stepchildren, 4 stepparents, and stepsiblings who are reasonably available for 5 consultation with the patient’s attending provider. 6 (6) A close adult friend. > 7 7. Title page, line 2, after < adults > by inserting < , and 8 including effective date provisions > 9 8. By renumbering as necessary. 10 -3- HF 2562.4108.S (1) 91 mb 3/ 3 #7.