S-5195

   Amend House File 2562, as amended, passed, and reprinted by the House, as follows:
   1.  Page 1, before line 1 by inserting: 
<DIVISION I
CARE FACILITY PLACEMENT>
   2.  Page 7, after line 24 by inserting: 
   <Sec. ___.  NEW SECTION.  144H.6  Division of aging and disability services —— notification.
   1.  Upon completion of a physician’s certification pursuant to section 144H.2, and prior to a person authorized to consent taking any action under section 144H.3, the patient’s attending physician shall forward a copy of the physician’s certification to the department’s division of aging and disability services.
   2.  At least ten days prior to a care facility or an attending physician petitioning the court for an order under section 144H.5, the care facility or the patient’s attending physician shall forward a copy of the petition to the department’s division of aging and disability services.
   3.  Upon granting a petition pursuant to section 144H.5, the court shall forward a copy of the court order to the department’s division of aging and disability services.
   4.  A receiving care facility placing a patient pursuant to section 144H.3, or a court order under section 144H.5, shall notify the department’s division of aging and disability services upon completion of the patient’s placement at the receiving care facility.>
   3.  Page 7, line 25, by striking <144H.6> and inserting <144H.7>
   4.  Page 7, line 33, by striking <144H.7> and inserting <144H.8>
   5.  Page 8, line 9, by striking <144H.8> and inserting <144H.9>
   6.  Page 8, after line 11 by inserting: 
<DIVISION ___
PERSONS AUTHORIZED TO CONSENT —— CONTINGENT ON ENACTMENT OF LEGISLATION

   Sec. ___.  Section 144H.1, subsection 6, as enacted in Division I of this Act, is amended to read as follows:
   6.  “Person authorized to consent” means an individual, in the same order of priority prescribed in section 144A.7, subsection 1, paragraph “b”, who shall be guided by the express or implied intentions of the patient and who is reasonably available, willing, and competent to consent, refuse to consent, or withdraw consent on a patient’s behalf.
   Sec. ___.  CONTINGENT EFFECTIVE DATE.  This division of this Act takes effect only if 2026 Iowa Acts, House File 2305, or successor legislation, amends section 144A.7, subsection 1, paragraph “b”, and is substantially similar to the following language:
   b.  If a patient does not have an attorney in fact, a guardian appointed pursuant to chapter 633, or a guardian who has obtained court approval in accordance with section 232D.401, subsection 4, paragraph “a”, the decision may be made by any of the following individuals, who shall be guided by the express or implied intentions of the patient, in the following order of priority if no individual in the previous priority is reasonably available, willing, and competent to make the decision:
   (1)  The patient’s spouse.
   (2)  An adult child of the patient or, if the patient has more than one adult child, the decision agreed to by a majority of the adult children who are reasonably available for consultation with the patient’s attending provider.
   (3)  A parent of the patient or if the patient has more than one parent, the decision agreed to by both parents if both are reasonably available for consultation with the patient’s attending provider.
   (4)  An adult sibling of the patient or, if the patient has more than one adult sibling, the decision agreed to by a majority of the adult siblings who are reasonably available for consultation with the patient’s attending provider.
   (5)  The decision agreed to by a majority of the patient’s adult relatives, including but not limited to grandchildren, grandparents, aunts, uncles, nieces, nephews, stepchildren, stepparents, and stepsiblings who are reasonably available for consultation with the patient’s attending provider.
   (6)  A close adult friend.>
   7.  Title page, line 2, after <adults> by inserting <, and including effective date provisions>
   8.  By renumbering as necessary.

______________________________
MARK COSTELLO