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:
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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.
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