House File 2473
HOUSE FILE
BY COMMITTEE ON HUMAN RESOURCES
(SUCCESSOR TO HF 2354)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to involuntary hospitalization procedures
2 involving the county single entry point process and patient
3 advocates.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5533HV 80
6 jp/sh/8
PAG LIN
1 1 Section 1. Section 229.9A, Code 2003, is amended to read
1 2 as follows:
1 3 229.9A PATIENT ADVOCATE INFORMED.
1 4 The court shall direct the clerk to furnish the patient
1 5 advocate and the single entry point process administrator of
1 6 the respondent's county of legal settlement with a copy of
1 7 application and any order issued pursuant to section 229.8,
1 8 subsection 3. The advocate may attend the hospitalization
1 9 hearing of any respondent for whom the advocate has received
1 10 notice of a hospitalization hearing.
1 11 Sec. 2. Section 229.11, unnumbered paragraph 1, Code 2003,
1 12 is amended to read as follows:
1 13 If the applicant requests that the respondent be taken into
1 14 immediate custody and the judge, upon reviewing the
1 15 application and accompanying documentation, finds probable
1 16 cause to believe that the respondent has a serious mental
1 17 impairment and is likely to injure the respondent or other
1 18 persons if allowed to remain at liberty, the judge may enter a
1 19 written order directing that the respondent be taken into
1 20 immediate custody by the sheriff or the sheriff's deputy and
1 21 be detained until the hospitalization hearing. The
1 22 hospitalization hearing shall be held no more than five days
1 23 after the date of the order, except that if the fifth day
1 24 after the date of the order is a Saturday, Sunday, or a
1 25 holiday, the hearing may be held on the next succeeding
1 26 business day. If the expenses of a respondent are payable in
1 27 whole or in part by a county, for a placement in accordance
1 28 with subsection 1, the judge shall give notice of the
1 29 placement to the single entry point process, and for a
1 30 placement in accordance with subsection 2 or 3, the judge
1 31 shall order the placement in a hospital or facility designated
1 32 through the single entry point process. The single entry
1 33 point process administrator or the administrator's designee
1 34 shall provide the court with a placement recommendation
1 35 identifying one or more appropriate hospitals or facilities
2 1 with an opening available for placement of the respondent.
2 2 The judge may order the respondent detained for the period of
2 3 time until the hearing is held, and no longer, in accordance
2 4 with subsection 1 if possible, and if not then in accordance
2 5 with subsection 2 or, only if neither of these alternatives is
2 6 available, in accordance with subsection 3. Detention may be:
2 7 Sec. 3. Section 229.13, subsection 1, paragraph a, Code
2 8 2003, is amended to read as follows:
2 9 a. The court shall order a respondent whose expenses are
2 10 payable in whole or in part by a county placed under the care
2 11 of an appropriate hospital or facility designated through the
2 12 single entry point process on an inpatient or outpatient
2 13 basis. The single entry point process administrator or the
2 14 administrator's designee shall provide the court with a
2 15 placement recommendation identifying one or more appropriate
2 16 hospitals or facilities with an opening available for
2 17 placement of the respondent.
2 18 Sec. 4. Section 229.14, subsection 2, paragraph a, Code
2 19 2003, is amended to read as follows:
2 20 a. For a respondent whose expenses are payable in whole or
2 21 in part by a county, placement as designated through the
2 22 single entry point process in the care of an appropriate
2 23 hospital or facility on an inpatient or outpatient basis, or
2 24 other appropriate treatment, or in an appropriate alternative
2 25 placement. The single entry point process administrator or
2 26 the administrator's designee shall provide the court with a
2 27 placement recommendation identifying one or more appropriate
2 28 hospitals or facilities with an opening available for
2 29 placement of the respondent.
2 30 Sec. 5. Section 229.14A, subsection 1, Code 2003, is
2 31 amended to read as follows:
2 32 1. With respect to a chief medical officer's report made
2 33 pursuant to section 229.14, subsection 1, paragraph "b", "c",
2 34 or "d", or any other provision of this chapter related to
2 35 involuntary commitment for which the court issues a placement
3 1 order or a transfer of placement is authorized, the court
3 2 shall provide notice to the respondent and the respondent's
3 3 attorney or mental health patient advocate pursuant to section
3 4 229.19 concerning the placement order and the respondent's
3 5 right to request a placement hearing to determine if the order
3 6 for placement or transfer of placement is appropriate. A copy
3 7 of the placement order or transfer authorization shall also be
3 8 provided to the single entry point process administrator of
3 9 the respondent's county of legal settlement.
3 10 Sec. 6. Section 229.14A, subsection 7, Code 2003, is
3 11 amended to read as follows:
3 12 7. If a respondent's expenses are payable in whole or in
3 13 part by a county through the single entry point process,
3 14 notice of a placement hearing shall be provided to the county
3 15 attorney and the county's single entry point process
3 16 administrator. At the hearing, the county may present
3 17 evidence regarding appropriate placement. The single entry
3 18 point process administrator or the administrator's designee
3 19 shall provide the court with a placement recommendation
3 20 identifying one or more appropriate hospitals or facilities
3 21 with an opening available for placement of the respondent.
3 22 Sec. 7. STUDY GROUP. The supreme court is requested to
3 23 convene a study group to consider issues relating to the
3 24 functions performed by patient advocates appointed under
3 25 chapter 229 and the interaction of patient advocates with
3 26 other portions of the legal and service systems for persons
3 27 with mental illness. The study group membership should
3 28 include but is not limited to representatives of the
3 29 following: judicial branch, county boards of supervisors,
3 30 patient advocates, county single entry point process
3 31 administrators, persons with mental illness, case managers,
3 32 and attorneys who provide legal representation of persons
3 33 alleged to have a serious mental impairment. If established,
3 34 the study group shall issue a report to the judicial branch,
3 35 governor, and general assembly with findings and
4 1 recommendations on or before December 15, 2004.
4 2 Sec. 8. IMPLEMENTATION OF ACT. Section 25B.2, subsection
4 3 3, shall not apply to this Act.
4 4 EXPLANATION
4 5 This bill relates to involuntary hospitalization procedures
4 6 involving the county single entry point process and patient
4 7 advocates.
4 8 The bill requires the county single entry point process
4 9 administrator or the administrator's designee to provide the
4 10 court with a placement recommendation for persons subject to a
4 11 court order for involuntary hospitalization. The
4 12 recommendation must identify one or more appropriate hospitals
4 13 or facilities with an opening available for placement of the
4 14 person.
4 15 Under current law in Code chapter 229, relating to
4 16 hospitalization of persons with mental illness, the single
4 17 entry point process used to manage county services and funding
4 18 provided on behalf of persons with mental illness, mental
4 19 retardation or developmental disabilities, or brain injury,
4 20 designates the placements for treatment ordered by the court.
4 21 The bill amends various Code chapter 229 placement provisions
4 22 involving the single entry point process by requiring the
4 23 process administrator or the administrator's designee to
4 24 provide the court with a placement recommendation for those
4 25 cases in which the county is involved.
4 26 The bill amends Code sections 229.9A and 229.14A, relating
4 27 to information provided to the patient advocate and placement
4 28 orders, to require copies of applications, orders, and
4 29 authorizations to be provided to the county single entry point
4 30 process administrator when they are provided to the patient
4 31 advocate.
4 32 The bill requests the supreme court to convene a study
4 33 group to consider issues relating to the functions performed
4 34 by patient advocates and the interaction of patient advocates
4 35 with other portions of the legal and service systems for
5 1 persons with mental illness.
5 2 The bill may include a state mandate as defined in Code
5 3 section 25B.3. The bill makes inapplicable Code section
5 4 25B.2, subsection 3, which would relieve a political
5 5 subdivision from complying with a state mandate if funding for
5 6 the cost of the state mandate is not provided or specified.
5 7 Therefore, political subdivisions are required to comply with
5 8 any state mandate included in the bill.
5 9 LSB 5533HV 80
5 10 jp/sh/8