Senate File 315 - Introduced
SENATE FILE
BY TINSMAN
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to county processing of orders for observation,
2 evaluation, and treatment of public patients at the state
3 psychiatric hospital at the state university of Iowa.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1327SS 81
6 jp/cf/24
PAG LIN
1 1 Section 1. Section 225.10, Code 2005, is amended to read
1 2 as follows:
1 3 225.10 VOLUNTARY PUBLIC PATIENTS.
1 4 Persons suffering from mental diseases may be admitted to
1 5 the state psychiatric hospital as voluntary public patients as
1 6 follows: Any physician authorized to practice medicine,
1 7 osteopathy, or osteopathic medicine in the state of Iowa may
1 8 file information with any district court of the state or with
1 9 any judge thereof the office of the county general assistance
1 10 director, stating that the physician has examined the person
1 11 named therein and finds that the person is suffering from some
1 12 abnormal mental condition that can probably be remedied by
1 13 observation, treatment, and hospital care; that the physician
1 14 believes it would be appropriate for the person to enter the
1 15 state psychiatric hospital for that purpose and that the
1 16 person is willing to do so; and that neither the person nor
1 17 those legally responsible for the person are able to provide
1 18 the means for such the observation, treatment, and hospital
1 19 care.
1 20 Sec. 2. Section 225.11, Code 2005, is amended to read as
1 21 follows:
1 22 225.11 INITIATING COMMITMENT PROCEDURES COMMITMENT OF
1 23 PATIENTS.
1 24 When a court finds upon completion of a hearing held
1 25 pursuant to section 229.12 that the contention that a
1 26 respondent is seriously mentally impaired has been sustained
1 27 by clear and convincing evidence, and the application filed
1 28 under section 229.6 also contends or the court otherwise
1 29 concludes that it would be appropriate to refer the respondent
1 30 to the state psychiatric hospital for a complete psychiatric
1 31 evaluation and appropriate treatment pursuant to section
1 32 229.13, in addition to the referral order the judge may shall
1 33 order that a financial investigation be made in the manner
1 34 prescribed by section 225.13. If the costs of a respondent's
1 35 evaluation or treatment are payable in whole or in part by a
2 1 county, an order under this section shall be for referral of
2 2 the respondent through the central point of coordination
2 3 process for an evaluation and referral of the respondent to an
2 4 appropriate placement or service, which may include the state
2 5 psychiatric hospital for additional evaluation or treatment.
2 6 For purposes of this chapter, "central point of coordination
2 7 process" means the same as defined in section 331.440.
2 8 Sec. 3. Section 225.12, Code 2005, is amended to read as
2 9 follows:
2 10 225.12 VOLUNTARY PUBLIC PATIENT == PHYSICIAN'S REPORT.
2 11 A physician filing information under section 225.10 shall
2 12 include a written report to the judge office of the county
2 13 general assistance director, giving such a history of the case
2 14 as will be likely to aid in the observation, treatment, and
2 15 hospital care of the person named in the information and
2 16 describing the same history in detail.
2 17 Sec. 4. Section 225.13, Code 2005, is amended to read as
2 18 follows:
2 19 225.13 FINANCIAL CONDITION.
2 20 It shall be the duty of the judge to have If a person is
2 21 placed as a patient at the state psychiatric hospital by order
2 22 of the court upon completion of a hearing held pursuant to
2 23 section 229.12 or by direction of the county board of
2 24 supervisors, a thorough investigation shall be made by the
2 25 county attorney office of the general assistance director of
2 26 the person's county of residence of the person named in the
2 27 information regarding the financial condition of that person
2 28 and of those legally responsible for the person.
2 29 Sec. 5. Section 225.14, Code 2005, is amended by striking
2 30 the section and inserting in lieu thereof the following:
2 31 225.14 COMMITTED PATIENTS.
2 32 If it is determined through the financial condition
2 33 investigation made pursuant to section 225.13 that a person is
2 34 a committed or voluntary private patient, the person or those
2 35 legally responsible for the person's support are liable for
3 1 expenses as provided in section 225.22. The costs of a
3 2 committed or voluntary public patient shall be paid by the
3 3 state as provided in section 225.28.
3 4 Sec. 6. Section 225.16, Code 2005, is amended to read as
3 5 follows:
3 6 225.16 VOLUNTARY PUBLIC PATIENTS == ADMISSION.
3 7 1. If the judge of the district court, or the clerk of the
3 8 court, as aforesaid, county board of supervisors finds from
3 9 the physician's information which was filed under the
3 10 provisions of section 225.10, that it would be appropriate for
3 11 the person to enter be admitted to the state psychiatric
3 12 hospital, and the report of the county attorney general
3 13 assistance director made pursuant to section 225.13 shows that
3 14 neither the person nor and those who are legally responsible
3 15 for the person, are not able to pay the expenses thereof
3 16 incurred at the hospital, or are able to pay only a part of
3 17 the expenses, the judge or clerk person shall be considered to
3 18 be a voluntary public patient and the board of supervisors
3 19 shall enter an order directing direct that the said person
3 20 shall be sent to the state psychiatric hospital at the state
3 21 University university of Iowa for observation, treatment, and
3 22 hospital care as a voluntary public patient.
3 23 2. When the said patient arrives at the hospital, the
3 24 patient shall receive the same treatment as is provided be
3 25 cared for in the same manner as is provided for committed
3 26 public patients in section 225.15.
3 27 Sec. 7. Section 225.17, Code 2005, is amended to read as
3 28 follows:
3 29 225.17 COMMITTED PRIVATE PATIENT == TREATMENT.
3 30 1. If the judge of the district court finds upon the
3 31 review and determination made under the provisions of section
3 32 225.14 pursuant to sections 225.11 and 225.13 that the
3 33 respondent is an appropriate subject for placement at the
3 34 state psychiatric hospital, and that the respondent, or those
3 35 legally responsible for the respondent, are able to pay the
4 1 expenses associated with the placement, the judge shall enter
4 2 an order directing that the respondent shall be sent to the
4 3 state psychiatric hospital at the state university of Iowa for
4 4 observation, treatment, and hospital care as a committed
4 5 private patient.
4 6 2. When the respondent arrives at the hospital, the
4 7 respondent shall receive the same treatment as is provided for
4 8 committed public patients in section 225.15, in compliance
4 9 with sections 229.13 to 229.16. However, observation,
4 10 treatment, and hospital care under this section of a
4 11 respondent whose expenses are payable in whole or in part by a
4 12 county shall only be provided as determined through the
4 13 central point of coordination process.
4 14 Sec. 8. Section 225.18, Code 2005, is amended to read as
4 15 follows:
4 16 225.18 ATTENDANTS.
4 17 The court, or clerk, or county general assistance director
4 18 may appoint a person to accompany the committed public patient
4 19 or the voluntary public patient or the committed private
4 20 patient from the place where the patient may be to the state
4 21 psychiatric hospital of the state university at Iowa City, or
4 22 to accompany the patient from the hospital to a place as may
4 23 be designated by the court, or clerk, or director. If a
4 24 patient is moved pursuant to this section, at least one
4 25 attendant shall be of the same sex gender as the patient.
4 26 Sec. 9. Section 225.19, Code 2005, is amended to read as
4 27 follows:
4 28 225.19 COMPENSATION FOR ATTENDANT.
4 29 Any person An individual appointed by the court, or judge
4 30 or clerk, or county general assistance director to accompany
4 31 said a person to or from the hospital or to make an
4 32 investigation and report on any question involved in the
4 33 complaint, other than the physician making the examination,
4 34 matter shall receive the sum of three dollars per day for the
4 35 time actually spent in making such the investigation (except
5 1 in cases where the person appointed therefor receives a fixed
5 2 salary or compensation) and actual necessary expenses incurred
5 3 in making such the investigation or trip. This section does
5 4 not apply to the physician examining the person or to an
5 5 appointee who receives fixed compensation or a salary.
5 6 Sec. 10. Section 225.20, Code 2005, is amended to read as
5 7 follows:
5 8 225.20 COMPENSATION FOR PHYSICIAN.
5 9 The physician making the examination of a voluntary public
5 10 patient on which is based any information filed under section
5 11 225.10 shall receive such sum be compensated as the court may
5 12 direct directed by the county general assistance director for
5 13 each and every examination information so made performed, and
5 14 the actual and necessary expenses incurred by the physician in
5 15 making such the examination, in conformity with the
5 16 requirements of this chapter, if the person named in the
5 17 information is referred to the state psychiatric hospital.
5 18 Sec. 11. Section 225.21, Code 2005, is amended to read as
5 19 follows:
5 20 225.21 VOUCHERS.
5 21 The person making claim to compensation under section
5 22 225.19 or 225.20 shall present to the court or judge county
5 23 general assistance director an itemized sworn statement of the
5 24 claim, and when the claim for compensation has been approved
5 25 by the court or judge or clerk director, it shall be filed in
5 26 the office of the county auditor and shall be allowed by the
5 27 board of supervisors.
5 28 Sec. 12. Section 225.23, Code 2005, is amended to read as
5 29 follows:
5 30 225.23 COLLECTION FOR TREATMENT.
5 31 If the bills for such a committed or voluntary private
5 32 patient are paid by the state, it shall be the duty of the
5 33 state psychiatric hospital to shall file a certified copy of
5 34 the claim which has been so paid, for the bills with the
5 35 auditor of the proper patient's county, who of legal
6 1 settlement. The county of legal settlement shall proceed to
6 2 collect the same by action, if necessary, claim in the name of
6 3 the state psychiatric hospital, and when collected pay the
6 4 same amount collected to the director of the department of
6 5 administrative services. The hospital shall also, at the same
6 6 time, forward a duplicate of the account claim to the director
6 7 of the department of administrative services.
6 8 Sec. 13. Section 225.25, Code 2005, is amended to read as
6 9 follows:
6 10 225.25 COMMITMENT OF PRIVATE PATIENT AS PUBLIC.
6 11 If any a patient be admitted is committed to the state
6 12 psychiatric hospital as a private patient and thereafter an
6 13 order of commitment of the patient as a public patient be made
6 14 by the court or judge or clerk having jurisdiction thereof
6 15 after admission it is determined through an investigation made
6 16 pursuant to section 225.13 that the person is a public
6 17 patient, the expense of keeping and maintaining the patient
6 18 from the date of the filing of the information upon which the
6 19 order is made shall be paid by the state.
6 20 Sec. 14. Section 225.26, Code 2005, is amended to read as
6 21 follows:
6 22 225.26 PRIVATE PATIENTS == DISPOSITION OF FUNDS.
6 23 All moneys collected from private patients shall be
6 24 considered repayment receipts as defined in section 8.2 and
6 25 shall be used for the support of the said state psychiatric
6 26 hospital.
6 27 Sec. 15. Section 225.30, Code 2005, is amended to read as
6 28 follows:
6 29 225.30 BLANKS == AUDIT.
6 30 The medical faculty of the university of Iowa college of
6 31 medicine shall prepare blanks containing such questions and
6 32 requiring such information as may be necessary and proper to
6 33 be obtained by the physician who examines a person or
6 34 respondent whose referral to the state psychiatric hospital is
6 35 contemplated. A judge may request that a physician who
7 1 examines a respondent as required by section 229.10 complete
7 2 such blanks in duplicate in the course of the examination. A
7 3 physician who proposes to file information under section
7 4 225.10 shall obtain and complete such blanks in duplicate and
7 5 file them with the information. The blanks shall be printed
7 6 by the state and a supply thereof of the blanks shall be sent
7 7 to the clerk of each district court of the state and to county
7 8 general assistance offices throughout the state. The director
7 9 of the department of administrative services shall audit,
7 10 allow, and pay the cost of the blanks as other bills for
7 11 public printing are allowed and paid.
7 12 Sec. 16. IMPLEMENTATION OF ACT. Section 25B.2, subsection
7 13 3, shall not apply to this Act.
7 14 EXPLANATION
7 15 This bill amends Code chapter 225, relating to the state
7 16 psychiatric hospital at the state university of Iowa, to
7 17 require the office of the county general assistance director
7 18 to conduct financial condition investigations of persons who
7 19 are sent to the state psychiatric hospital for evaluation and
7 20 treatment, instead of the court and the clerk of court. The
7 21 county board of supervisors is given the responsibility of
7 22 directing that a voluntary public patient be sent to the state
7 23 psychiatric hospital, instead of requiring a court order.
7 24 The bill may include a state mandate as defined in Code
7 25 section 25B.3. The bill makes inapplicable Code section
7 26 25B.2, subsection 3, which would relieve a political
7 27 subdivision from complying with a state mandate if funding for
7 28 the cost of the state mandate is not provided or specified.
7 29 Therefore, political subdivisions are required to comply with
7 30 any state mandate included in the bill.
7 31 LSB 1327SS 81
7 32 jp:nh/cf/24