Senate File 2190 - Introduced



                                       SENATE FILE       
                                       BY  WARNSTADT


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the filing of an examining physician's report
  2    prior to involuntary hospitalization hearings for chronic
  3    substance abusers and mentally ill persons.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5769XS 82
  6 rh/nh/5

PAG LIN



  1  1    Section 1.  Section 125.80, subsection 2, Code 2007, is
  1  2 amended to read as follows:
  1  3    2.  A written report of the examination by a
  1  4 court=designated physician shall be filed with the clerk at
  1  5 least twenty=four hours prior to the hearing date.  A written
  1  6 report of an examination by a physician chosen by the
  1  7 respondent may be similarly filed.  The clerk shall
  1  8 immediately:
  1  9    a.  Cause a report to be shown to the judge who issued the
  1 10 order.
  1 11    b.  Cause the respondent and the respondent's attorney to
  1 12 receive a copy copies of the report of a court=designated
  1 13 physician.
  1 14    Sec. 2.  Section 229.10, subsection 2, Code 2007, is
  1 15 amended to read as follows:
  1 16    2.  A written report of the examination by the
  1 17 court=designated physician or physicians shall be filed with
  1 18 the clerk at least twenty=four hours prior to the time set for
  1 19 hearing.  A written report of any examination by a physician
  1 20 chosen by the respondent may be similarly filed. The clerk
  1 21 shall immediately:
  1 22    a.  Cause the report or reports to be shown to the judge
  1 23 who issued the order; and
  1 24    b.  Cause the respondent and the respondent's attorney to
  1 25 receive a copy copies of the report of the court=designated
  1 26 physician or physicians.
  1 27                           EXPLANATION
  1 28    This bill relates to the filing of an examining physician's
  1 29 report prior to involuntary hospitalization hearings for
  1 30 chronic substance abusers and mentally ill persons.
  1 31    Under current law, after an application for involuntary
  1 32 hospitalization is filed under either Code chapter 125
  1 33 (relating to chronic substance abusers) or Code chapter 229
  1 34 (relating to mentally ill persons) a licensed physician or
  1 35 physicians must examine the respondent prior to the
  2  1 hospitalization hearing and must submit a written report or
  2  2 reports on the examination to the clerk of court prior to the
  2  3 hospitalization hearing.
  2  4    The bill specifies that the physician's written report
  2  5 shall be filed with the clerk of court at least 24 hours prior
  2  6 to the hospitalization hearing and the clerk of court shall
  2  7 immediately send copies of the report to the respondent and
  2  8 the respondent's attorney.
  2  9 LSB 5769XS 82
  2 10 rh/nh/5