Senate File 2116
SENATE FILE
BY HOUSER
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the appointment and duties of mental health
2 patient advocates.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 225C.4, subsection 1, paragraph m, Code
1 2 2003, is amended to read as follows:
1 3 m. Provide consultation and technical assistance to
1 4 patients' advocates appointed pursuant to section 229.19, in
1 5 cooperation with the judicial branch and the resident advocate
1 6 committees appointed for health care facilities pursuant to
1 7 section 135C.25.
1 8 Sec. 2. Section 229.2, subsection 1, paragraph f, Code
1 9 2003, is amended to read as follows:
1 10 f. Upon approval of the admission of a minor over the
1 11 minor's objections, the juvenile court shall appoint an
1 12 individual to act as an inform the patient advocate
1 13 representing appointed for that county pursuant to section
1 14 229.19 who shall represent the interests of the minor in the
1 15 same manner as an the advocate representing represents the
1 16 interests of patients involuntarily hospitalized pursuant to
1 17 section 229.19 under this chapter.
1 18 Sec. 3. Section 229.9A, Code 2003, is amended to read as
1 19 follows:
1 20 229.9A PATIENT ADVOCATE INFORMED.
1 21 The court shall direct the clerk to furnish the patient
1 22 advocate and the single entry point process administrator of
1 23 the respondent's county of legal settlement with a copy of
1 24 application and any order issued pursuant to section 229.8,
1 25 subsection 3. The advocate may attend the hospitalization
1 26 hearing of any respondent for whom the advocate has received
1 27 notice of a hospitalization hearing.
1 28 Sec. 4. Section 229.14A, subsection 1, Code 2003, is
1 29 amended to read as follows:
1 30 1. With respect to a chief medical officer's report made
1 31 pursuant to section 229.14, subsection 1, paragraph "b", "c",
1 32 or "d", or any other provision of this chapter related to
1 33 involuntary commitment for which the court issues a placement
1 34 order or a transfer of placement is authorized, the court
1 35 shall provide notice to the respondent and the respondent's
2 1 attorney or mental health patient advocate pursuant to section
2 2 229.19 concerning the placement order and the respondent's
2 3 right to request a placement hearing to determine if the order
2 4 for placement or transfer of placement is appropriate.
2 5 Sec. 5. Section 229.19, unnumbered paragraph 1, Code 2003,
2 6 is amended to read as follows:
2 7 The district court in each county with a population of
2 8 under three hundred thousand inhabitants and the board of
2 9 supervisors in each county with a population of three hundred
2 10 thousand or more inhabitants shall appoint an individual who
2 11 has demonstrated by prior activities an informed concern for
2 12 the welfare and rehabilitation of persons with mental illness,
2 13 and who is not an officer or employee of the department of
2 14 human services nor of any agency or facility providing care or
2 15 treatment to persons with mental illness, to act as advocate
2 16 representing the interests of patients involuntarily
2 17 hospitalized by the court, in any matter relating to the
2 18 patients' hospitalization or treatment under section 229.14 or
2 19 229.15. The appointed individual must possess a bachelor's
2 20 degree or higher degree from an accredited school, college, or
2 21 university and have one or more years of experience in a human
2 22 services=related field. In addition, the individual must have
2 23 demonstrated by prior activities an informed concern for the
2 24 welfare and rehabilitation of persons with mental illness, and
2 25 shall not be an officer or employee of the department or of
2 26 any agency or facility providing care or treatment to persons
2 27 with mental illness. The court or, if the advocate is
2 28 appointed by the county board of supervisors, the board shall
2 29 assign the advocate appointed from by a patient's county of
2 30 legal settlement to represent the interests of the patient.
2 31 If a patient has no does not have a county of legal
2 32 settlement, the court or, if the advocate is appointed by the
2 33 county board of supervisors, the board shall assign the
2 34 advocate appointed from the county where the hospital or
2 35 facility is located to represent the interests of the patient.
3 1 The advocate's responsibility with respect to any patient
3 2 shall begin at whatever time the attorney employed or
3 3 appointed to represent that patient as respondent in
3 4 hospitalization proceedings, conducted under sections 229.6 to
3 5 229.13, reports to the court that the attorney's services are
3 6 no longer required and requests the court's approval to
3 7 withdraw as counsel for that patient. However, if the patient
3 8 is found to be seriously mentally impaired at the
3 9 hospitalization hearing, the attorney representing the patient
3 10 shall automatically be relieved of responsibility in the case
3 11 and an advocate shall be assigned to the patient at the
3 12 conclusion of the hearing unless the attorney indicates an
3 13 intent to continue the attorney's services and the court so
3 14 directs. If the court directs the attorney to remain on the
3 15 case the attorney shall assume all the duties of an advocate.
3 16 The clerk shall furnish the advocate with a copy of the
3 17 court's order approving the withdrawal or the court's
3 18 commitment or custody order and shall inform the patient of
3 19 the name of the patient's advocate. With regard to each
3 20 patient whose interests the advocate is required to represent
3 21 pursuant to this section, the advocate's duties shall include
3 22 all of the following:
3 23 Sec. 6. Section 229.19, Code 2003, is amended by adding
3 24 the following new subsection:
3 25 NEW SUBSECTION. 7. If the costs of a patient's
3 26 evaluation, care, or treatment provided pursuant to this
3 27 chapter are payable in whole or in part by a county, to
3 28 provide to the county single entry point process the
3 29 information necessary for authorizing payment for the
3 30 evaluation, care, or treatment.
3 31 Sec. 7. Section 229.19, unnumbered paragraph 3, Code 2003,
3 32 is amended to read as follows:
3 33 The court or, if the advocate is appointed by the county
3 34 board of supervisors, the board shall prescribe reasonable
3 35 compensation for the services of the patient advocate. The
4 1 compensation shall be based upon the reports filed by the
4 2 advocate with the court. The advocate's compensation shall be
4 3 paid by the county in which the court is located, either on
4 4 order of the court or, if the advocate is appointed by the
4 5 county board of supervisors, on the direction of the county
4 6 board of supervisors. If the advocate is appointed by the
4 7 court, the advocate is an employee of the state for purposes
4 8 of chapter 669. If the advocate is appointed by the county
4 9 board of supervisors, the The advocate is an employee of the
4 10 county for purposes of chapter 670. If the patient or the
4 11 person who is legally liable for the patient's support is not
4 12 indigent, the board shall recover the costs of compensating
4 13 the advocate from that person. If that person has an income
4 14 level as determined pursuant to section 815.9 greater than one
4 15 hundred percent but not more than one hundred fifty percent of
4 16 the poverty guidelines, at least one hundred dollars of the
4 17 advocate's compensation shall be recovered in the manner
4 18 prescribed by the county board of supervisors. If that person
4 19 has an income level as determined pursuant to section 815.9
4 20 greater than one hundred fifty percent of the poverty
4 21 guidelines, at least two hundred dollars of the advocate's
4 22 compensation shall be recovered in substantially the same
4 23 manner prescribed by the county board of supervisors as
4 24 provided in section 815.7.
4 25 Sec. 8. CURRENT ADVOCATES == QUALIFICATIONS. An
4 26 individual serving as a mental health patient advocate under
4 27 section 229.19 as of July 1, 2004, shall be deemed to meet the
4 28 qualifications otherwise required by section 229.19, as
4 29 amended by this Act.
4 30 EXPLANATION
4 31 This bill relates to the appointment and duties of mental
4 32 health patient advocates in Code section 229.19.
4 33 Current law provides for appointment of a patient advocate
4 34 by the district court, except in counties with a population of
4 35 300,000 or more where the advocate is appointed by the county
5 1 board of supervisors. The bill provides for the county board
5 2 of supervisors to appoint the advocate in all counties. In
5 3 addition, the bill adds new qualifications to require that an
5 4 advocate must have at least a bachelor's degree and one or
5 5 more years of experience. Finally, the bill adds a duty for
5 6 those patients whose evaluation, care, or treatment costs are
5 7 paid in whole or part by the county. For these patients, the
5 8 advocate is directed to provide the county single entry point
5 9 process with the information necessary for authorizing payment
5 10 for the patients' evaluation, care, or treatment.
5 11 The bill amends Code section 229.9A, which requires the
5 12 clerk of court to provide the patient advocate with a copy of
5 13 the commitment application and order, to require that this
5 14 information also be provided to the administrator of the
5 15 county's single entry point process.
5 16 The bill provides conforming amendments in Code section
5 17 225C.4, relating to the duties of the administrator of the
5 18 department of human services division that deals with mental
5 19 health and developmental disability services, and Code section
5 20 229.14A, relating to involuntary placement hearings. In
5 21 addition, the bill amends Code section 229.2 to provide that
5 22 the patient advocate is to represent a minor who is
5 23 hospitalized over the minor's objections.
5 24 The bill includes an uncodified provision providing that an
5 25 individual serving as a mental health patient advocate as of
5 26 July 1, 2004, shall be deemed to meet the new qualifications
5 27 for the position that would otherwise be required by the bill.
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