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
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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
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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
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HF
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(1)
91
mb
3/
3
#7.