H.F. _____ Section 1. Section 125.82, subsection 3, Code 2023, is 1 amended to read as follows: 2 3. The person who filed the application and a licensed 3 physician and surgeon or osteopathic physician and surgeon, 4 mental health professional, or certified alcohol and drug 5 counselor certified by the nongovernmental Iowa board of 6 substance abuse certification who has examined the respondent 7 in connection with the commitment hearing shall be present 8 at the hearing, unless the court for good cause finds that 9 their presence or testimony is not necessary. The applicant, 10 respondent, and the respondent’s attorney may waive the 11 presence , televised appearance, or telephonic appearance of 12 the licensed physician and surgeon or osteopathic physician 13 and surgeon, mental health professional, or certified alcohol 14 and drug counselor who examined the respondent and agree 15 to submit as evidence the written report of the licensed 16 physician and surgeon or osteopathic physician and surgeon, 17 mental health professional, or certified alcohol and drug 18 counselor. The respondent’s attorney shall inform the 19 court if the respondent’s attorney reasonably believes that 20 the respondent, due to diminished capacity, cannot make an 21 adequately considered waiver decision. “Good cause” for finding 22 that the testimony of the licensed physician and surgeon or 23 osteopathic physician and surgeon, mental health professional, 24 or certified alcohol and drug counselor who examined the 25 respondent is not necessary may include, but is not limited to, 26 such a waiver. If the court determines that the testimony of 27 the licensed physician and surgeon or osteopathic physician and 28 surgeon, mental health professional, or certified alcohol and 29 drug counselor is necessary, the court may allow the licensed 30 physician and surgeon or osteopathic physician and surgeon, 31 mental health professional, or certified alcohol and drug 32 counselor to testify by telephone or televised means . The 33 respondent shall be present at the hearing unless prior to the 34 hearing the respondent’s attorney stipulates in writing that 35 -1- LSB 1607YC (6) 90 dg/rh 1/ 4

H.F. _____ the attorney has conversed with the respondent, and that in the 1 attorney’s judgment the respondent cannot make a meaningful 2 contribution to the hearing, or that the respondent has waived 3 the right to be present, and the basis for the attorney’s 4 conclusions. A stipulation to the respondent’s absence 5 shall be reviewed by the court before the hearing, and may be 6 rejected if it appears that insufficient grounds are stated 7 or that the respondent’s interests would not be served by the 8 respondent’s absence. 9 Sec. 2. Section 125.82, subsection 4, Code 2023, is amended 10 to read as follows: 11 4. The respondent’s welfare is paramount, and the hearing 12 shall be tried as a civil matter and conducted in as informal a 13 manner as is consistent with orderly procedure. The hearing 14 may be held by video or telephone conference at the discretion 15 of the court. Discovery as permitted under the Iowa rules of 16 civil procedure is available to the respondent. The court 17 shall receive all relevant and material evidence, but the 18 court is not bound by the rules of evidence. A presumption in 19 favor of the respondent exists, and the burden of evidence and 20 support of the contentions made in the application shall be 21 upon the person who filed the application. If upon completion 22 of the hearing the court finds that the contention that the 23 respondent is a person with a substance-related disorder has 24 not been sustained by clear and convincing evidence, the court 25 shall deny the application and terminate the proceeding. 26 Sec. 3. Section 229.12, subsection 3, paragraph b, Code 27 2023, is amended to read as follows: 28 b. The licensed physician or mental health professional who 29 examined the respondent shall be present at the hearing unless 30 the court for good cause finds that the licensed physician’s 31 or mental health professional’s presence or testimony is not 32 necessary. The applicant, respondent, and the respondent’s 33 attorney may waive the presence , televised appearance, or the 34 telephonic appearance of the licensed physician or mental 35 -2- LSB 1607YC (6) 90 dg/rh 2/ 4

H.F. _____ health professional who examined the respondent and agree to 1 submit as evidence the written report of the licensed physician 2 or mental health professional. The respondent’s attorney 3 shall inform the court if the respondent’s attorney reasonably 4 believes that the respondent, due to diminished capacity, 5 cannot make an adequately considered waiver decision. “Good 6 cause” for finding that the testimony of the licensed physician 7 or mental health professional who examined the respondent is 8 not necessary may include but is not limited to such a waiver. 9 If the court determines that the testimony of the licensed 10 physician or mental health professional is necessary, the 11 court may allow the licensed physician or the mental health 12 professional to testify by telephone or televised means . 13 Sec. 4. Section 229.12, subsection 3, paragraph a, Code 14 2023, is amended to read as follows: 15 a. The respondent’s welfare shall be paramount and the 16 hearing shall be conducted in as informal a manner as may be 17 consistent with orderly procedure, but consistent therewith 18 the issue shall be tried as a civil matter. The hearing may 19 be held by video or telephone conference at the discretion of 20 the court. Such discovery as is permitted under the Iowa rules 21 of civil procedure shall be available to the respondent. The 22 court shall receive all relevant and material evidence which 23 may be offered and need not be bound by the rules of evidence. 24 There shall be a presumption in favor of the respondent, and 25 the burden of evidence in support of the contentions made in 26 the application shall be upon the applicant. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill relates to televised testimony at involuntary 31 commitment hearings for persons with substance-related 32 disorders and persons with a mental illness. 33 The bill provides that a court, in a hearing related to 34 a person’s involuntary commitment for a substance-related 35 -3- LSB 1607YC (6) 90 dg/rh 3/ 4

H.F. _____ disorder or mental illness, may allow a specified health 1 professional who examined the respondent in connection with 2 the commitment hearing to provide testimony at the hearing via 3 televised means. The bill also allows such hearings to take 4 place telephonically at the discretion of the court. 5 The bill provides that, in a hearing relating to a person’s 6 involuntary commitment for a substance-related disorder or 7 mental illness, an applicant, respondent, and a respondent’s 8 attorney may waive the televised appearance at the hearing 9 of the health professional who examined the respondent in 10 connection with the commitment hearing. The bill also allows 11 such hearings to take place telephonically at the discretion 12 of the court. 13 -4- LSB 1607YC (6) 90 dg/rh 4/ 4