House Study Bill 576
SENATE/HOUSE FILE
BY (PROPOSED JUDICIAL BRANCH
BILL)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to involuntary hospitalization proceedings for
2 chronic substance abusers and persons with mental illness.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5404DP 81
5 rh/gg/14
PAG LIN
1 1 Section 1. Section 125.82, subsections 1 and 3, Code 2005,
1 2 are amended to read as follows:
1 3 1. At a commitment hearing, evidence in support of the
1 4 contentions made in the application shall be presented by the
1 5 applicant, or by an attorney for the applicant, or by the
1 6 county attorney if the county attorney is the applicant.
1 7 During the hearing the applicant and the respondent shall be
1 8 afforded an opportunity to testify and to present and cross=
1 9 examine witnesses, and the court may receive the testimony of
1 10 other interested persons. If the respondent is present at the
1 11 hearing, as provided in subsection 3, and has been medicated
1 12 within twelve hours, or a longer period of time as the court
1 13 may designate, prior to the beginning of the hearing or a
1 14 session of the hearing, the court shall be informed of that
1 15 fact and of the probable effects of the medication upon
1 16 convening of the hearing.
1 17 3. The person who filed the application and a physician or
1 18 professional who has examined the respondent in connection
1 19 with the commitment hearing shall be present at the hearing,
1 20 unless prior to the hearing the court for good cause finds
1 21 that their presence or testimony is not necessary. The
1 22 respondent and applicant may waive the presence or telephonic
1 23 appearance of the physician or professional who examined the
1 24 respondent and agree to submit as evidence the written report
1 25 of the physician or professional. "Good cause" for finding
1 26 that the testimony of the physician or professional who
1 27 examined the respondent is not necessary may include, but is
1 28 not limited to, such a waiver. If the court determines that
1 29 the testimony of the physician or professional is necessary,
1 30 the court may allow the physician or professional to testify
1 31 by telephone. The respondent shall be present at the hearing
1 32 unless prior to the hearing the respondent's attorney
1 33 stipulates in writing that the attorney has conversed with the
1 34 respondent, and that in the attorney's judgment the respondent
1 35 cannot make a meaningful contribution to the hearing, or that
2 1 the respondent has waived the right to be present, and the
2 2 basis for the attorney's conclusions. A stipulation to the
2 3 respondent's absence shall be reviewed by the court before the
2 4 hearing, and may be rejected if it appears that insufficient
2 5 grounds are stated or that the respondent's interests would
2 6 not be served by the respondent's absence.
2 7 Sec. 2. Section 229.10, subsection 1, unnumbered paragraph
2 8 1, Code 2005, is amended to read as follows:
2 9 An examination of the respondent shall be conducted by one
2 10 or more licensed physicians, as required by the court's order,
2 11 within a reasonable time. If the respondent is detained
2 12 pursuant to section 229.11, subsection 2, the examination
2 13 shall be conducted within twenty=four hours. If the
2 14 respondent is detained pursuant to section 229.11, subsection
2 15 1 or 3, the examination shall be conducted within forty=eight
2 16 hours. If the respondent so desires, the respondent shall be
2 17 entitled to a separate examination by a licensed physician of
2 18 the respondent's own choice. The reasonable cost of such
2 19 separate examination the examinations shall, if the respondent
2 20 lacks sufficient funds to pay the cost, be paid from county
2 21 funds upon order of the court.
2 22 Sec. 3. Section 229.12, subsection 3, Code 2005, is
2 23 amended to read as follows:
2 24 3. The respondent's welfare shall be paramount and the
2 25 hearing shall be conducted in as informal a manner as may be
2 26 consistent with orderly procedure, but consistent therewith
2 27 the issue shall be tried as a civil matter. Such discovery as
2 28 is permitted under the Iowa rules of civil procedure shall be
2 29 available to the respondent. The court shall receive all
2 30 relevant and material evidence which may be offered and need
2 31 not be bound by the rules of evidence. There shall be a
2 32 presumption in favor of the respondent, and the burden of
2 33 evidence in support of the contentions made in the application
2 34 shall be upon the applicant. The physician or professional
2 35 who examined the respondent shall be present at the hearing
3 1 unless prior to the hearing the court for good cause finds
3 2 that the physician's or professional's presence or testimony
3 3 is not necessary. The respondent and applicant may waive the
3 4 presence or the telephonic appearance of the physician or
3 5 professional who examined the respondent and agree to submit
3 6 as evidence the written report of the physician or
3 7 professional. "Good cause" for finding that the testimony of
3 8 the physician or professional who examined the respondent is
3 9 not necessary may include, but is not limited to, such a
3 10 waiver. If the court determines that the testimony of the
3 11 physician or professional is necessary, the court may allow
3 12 the physician or the professional to testify by telephone. If
3 13 upon completion of the hearing the court finds that the
3 14 contention that the respondent is seriously mentally impaired
3 15 has not been sustained by clear and convincing evidence, it
3 16 shall deny the application and terminate the proceeding.
3 17 EXPLANATION
3 18 This bill relates to involuntary hospitalization
3 19 proceedings for chronic substance abusers and persons with
3 20 mental illness.
3 21 The bill provides that evidence in support of an
3 22 application for commitment or treatment of a chronic substance
3 23 abuser shall be presented by the county attorney at an
3 24 involuntary hospitalization hearing. Current law allows the
3 25 applicant or person who filed the application, an attorney for
3 26 the applicant, or the county attorney to present such
3 27 evidence.
3 28 The bill provides that a physician or professional who
3 29 examined a suspected chronic substance abuser or person with
3 30 mental illness shall be present at an involuntary commitment
3 31 or treatment hearing or an involuntary hospitalization hearing
3 32 unless the court for good cause finds prior to either hearing
3 33 the presence or testimony of the physician or professional is
3 34 not necessary. In such a case, the respondent and applicant
3 35 may waive the presence or telephonic appearance of the
4 1 physician or professional and agree to submit the physician's
4 2 or professional's written report as evidence. If the court
4 3 finds such testimony is necessary, the court may allow the
4 4 physician or professional to testify by telephone.
4 5 The bill also makes a change to language relating to the
4 6 cost of physician examinations of persons with mental illness
4 7 to conform to similar language that currently applies to
4 8 chronic substance abusers.
4 9 LSB 5404DP 81
4 10 rh:rj/gg/14