H.F. 2114 Section 1. Section 125.33, Code 2026, is amended to read as 1 follows: 2 125.33 Voluntary treatment of persons adults with a substance 3 use disorder. 4 1. A person For purposes of this section, “adult” means an 5 individual who is eighteen years of age or older. 6 2. An adult with a substance use disorder may apply for 7 voluntary treatment or rehabilitation services directly to a 8 facility or to a licensed physician and surgeon or osteopathic 9 physician and surgeon or to a mental health professional. If 10 the proposed patient is a minor or an incompetent person , a 11 parent, a legal guardian, or other legal representative may 12 make the application. The licensed physician and surgeon or 13 osteopathic physician and surgeon, mental health professional, 14 or any employee or person acting under the direction or 15 supervision of the physician and surgeon or osteopathic 16 physician and surgeon, mental health professional, or facility 17 shall not report or disclose the name of the person adult or 18 the fact that treatment was requested or has been undertaken 19 to any law enforcement officer or law enforcement agency; nor 20 shall such information be admissible as evidence in any court, 21 grand jury, or administrative proceeding unless authorized by 22 the person adult seeking treatment. If the person seeking 23 such treatment or rehabilitation is a minor who has personally 24 made application for treatment, the fact that the minor sought 25 treatment or rehabilitation or is receiving treatment or 26 rehabilitation services shall not be reported or disclosed to 27 the parents or legal guardian of such minor without the minor’s 28 consent, and the minor may give legal consent to receive such 29 treatment and rehabilitation. 30 2. 3. Subject to rules adopted by the department, the 31 administrator or the administrator’s designee in charge of a 32 facility may determine who shall be admitted for treatment or 33 rehabilitation. If a person an adult is refused admission, 34 the administrator or the administrator’s designee, subject to 35 -1- LSB 5434YH (4) 91 dg/ko 1/ 11

H.F. 2114 rules adopted by the department, shall refer the person adult 1 to another facility for treatment if possible and appropriate. 2 3. 4. A person An adult with a substance use disorder 3 seeking treatment or rehabilitation and who is either 4 addicted to or dependent on a chemical substance may first be 5 examined and evaluated by a licensed physician and surgeon 6 or osteopathic physician and surgeon or a mental health 7 professional who may prescribe, if authorized or licensed to 8 do so, a proper course of treatment and medication, if needed. 9 The licensed physician and surgeon or osteopathic physician and 10 surgeon or mental health professional may further prescribe a 11 course of treatment or rehabilitation and authorize another 12 licensed physician and surgeon or osteopathic physician and 13 surgeon, mental health professional, or facility to provide the 14 prescribed treatment or rehabilitation services. Treatment or 15 rehabilitation services may be provided to a person an adult 16 individually or in a group. A facility providing or engaging 17 in treatment or rehabilitation shall not report or disclose to 18 a law enforcement officer or law enforcement agency the name 19 of any person an adult receiving or engaged in the treatment 20 or rehabilitation; nor shall a person an adult receiving or 21 participating in treatment or rehabilitation report or disclose 22 the name of any other person engaged in or receiving treatment 23 or rehabilitation or that the program is in existence, to 24 a law enforcement officer or law enforcement agency. Such 25 information shall not be admitted in evidence in any court, 26 grand jury, or administrative proceeding. However, a person 27 an adult engaged in or receiving treatment or rehabilitation 28 may authorize the disclosure of the person’s adult’s name and 29 individual participation. 30 4. 5. If a patient an adult receiving inpatient or 31 residential care leaves a facility, the patient shall be 32 encouraged to consent to appropriate outpatient or halfway 33 house treatment. If it appears to the administrator in 34 charge of the facility that the patient is a person with has a 35 -2- LSB 5434YH (4) 91 dg/ko 2/ 11

H.F. 2114 substance use disorder who and requires help, the director may 1 arrange for assistance in obtaining supportive services. 2 5. 6. If a patient leaves a facility, with or against 3 the advice of the administrator in charge of the facility, 4 the director may make reasonable provisions for the patient’s 5 transportation to another facility or to the patient’s home. 6 If the patient has no home, the patient shall be assisted in 7 obtaining shelter. If the patient is a minor or an incompetent 8 person , the request for discharge from an inpatient facility 9 shall be made by a parent, legal guardian, or other legal 10 representative, or by the minor or incompetent person patient 11 if the patient was the original applicant. 12 6. 7. Any person who reports or discloses the name of a 13 person an adult receiving treatment or rehabilitation services 14 to a law enforcement officer or law enforcement agency or 15 any person individual receiving treatment or rehabilitation 16 services who discloses the name of any other person individual 17 receiving treatment or rehabilitation services without the 18 written consent of the person in violation of the provisions of 19 this section individual shall upon conviction be guilty of a 20 simple misdemeanor. 21 Sec. 2. NEW SECTION . 125.33A Treatment of minors with a 22 substance use disorder. 23 1. For purposes of this section, “minor” means an individual 24 who is under eighteen years of age. 25 2. A minor with a substance use disorder, or the minor’s 26 parent, legal guardian, or other legal representative, may 27 apply for treatment or rehabilitation services directly to a 28 facility or to a licensed physician and surgeon or osteopathic 29 physician and surgeon or to a mental health professional. The 30 licensed physician and surgeon or osteopathic physician and 31 surgeon, mental health professional, or any employee or person 32 acting under the direction or supervision of the physician 33 and surgeon or osteopathic physician and surgeon, mental 34 health professional, or facility shall not report or disclose 35 -3- LSB 5434YH (4) 91 dg/ko 3/ 11

H.F. 2114 the minor’s name or the fact that treatment was requested or 1 has been undertaken to any law enforcement officer or law 2 enforcement agency; nor shall such information be admissible as 3 evidence in any court, grand jury, or administrative proceeding 4 unless authorized by the minor seeking treatment. 5 3. a. Subject to rules adopted by the department, the 6 administrator or the administrator’s designee in charge of a 7 facility may determine who shall be admitted for treatment or 8 rehabilitation. 9 b. If a minor is refused admission to a facility, the 10 administrator or the administrator’s designee, subject to rules 11 adopted by the department, shall refer the minor to another 12 facility for treatment if possible and appropriate. 13 c. A minor’s admission to a facility shall not be subject to 14 court jurisdiction unless the minor and the minor’s parents, 15 legal guardians, or custodians refuse to consent to the minor’s 16 admission. 17 4. A minor with a substance use disorder seeking treatment 18 or rehabilitation and who is either addicted to or dependent 19 on a chemical substance may first be examined and evaluated by 20 a licensed physician and surgeon or osteopathic physician and 21 surgeon or a mental health professional who may prescribe, if 22 authorized or licensed to do so, a proper course of treatment 23 and medication, if needed. The licensed physician and 24 surgeon or osteopathic physician and surgeon or mental health 25 professional may further prescribe a course of treatment or 26 rehabilitation and authorize another licensed physician and 27 surgeon or osteopathic physician and surgeon, mental health 28 professional, or facility to provide the prescribed treatment 29 or rehabilitation services. Treatment or rehabilitation 30 services may be provided to a minor individually or in a group. 31 A facility providing or engaging in treatment or rehabilitation 32 shall not report or disclose to a law enforcement officer 33 or law enforcement agency the name of a minor receiving or 34 engaged in the treatment or rehabilitation; nor shall a minor 35 -4- LSB 5434YH (4) 91 dg/ko 4/ 11

H.F. 2114 receiving or participating in treatment or rehabilitation 1 report or disclose the name of any other individual engaged in 2 or receiving treatment or rehabilitation or that the program is 3 in existence, to a law enforcement officer or law enforcement 4 agency. Such information shall not be admitted in evidence in 5 any court, grand jury, or administrative proceeding. However, 6 a minor engaged in or receiving treatment or rehabilitation, 7 or the minor’s parent, legal guardian, or other legal 8 representative, may authorize the disclosure of the minor’s 9 name and individual participation. 10 5. If a minor receiving inpatient or residential care 11 leaves a facility, the minor shall be encouraged to consent 12 to appropriate outpatient or halfway house treatment. If it 13 appears to the administrator in charge of the facility that 14 the minor has a substance use disorder and requires help, the 15 director may arrange for assistance in obtaining supportive 16 services. 17 6. If a minor admitted to a facility leaves the facility, 18 with or against the advice of the administrator in charge of 19 the facility, the director shall make reasonable provisions 20 for the minor’s transportation to another facility or to the 21 minor’s home. If the minor has no home, the minor shall be 22 assisted in obtaining shelter. The request for a minor’s 23 discharge from an inpatient facility shall be made by a parent, 24 legal guardian, or other legal representative, or by the minor 25 if the minor was the original applicant. 26 7. Any person who reports or discloses the name of a 27 minor receiving treatment or rehabilitation services to a 28 law enforcement officer or law enforcement agency or any 29 individual receiving treatment or rehabilitation services who 30 discloses the name of any other individual receiving treatment 31 or rehabilitation services without the written consent of the 32 individual shall be guilty of a simple misdemeanor. 33 Sec. 3. Section 229.2, Code 2026, is amended to read as 34 follows: 35 -5- LSB 5434YH (4) 91 dg/ko 5/ 11

H.F. 2114 229.2 Application for adult voluntary admission —— authority 1 to receive adult voluntary patients. 2 1. a. For purposes of this section, “adult” means an 3 individual who is eighteen years of age or older. 4 2. An application for admission to a public or private 5 hospital for observation, diagnosis, care, and treatment as 6 a voluntary patient may be made by any person adult who is 7 mentally ill or has symptoms of mental illness. 8 b. In the case of a minor, the parent, guardian, or 9 custodian may make application for admission of the minor as a 10 voluntary patient. 11 (1) Upon receipt of an application for voluntary admission 12 of a minor, the chief medical officer shall provide separate 13 prescreening interviews and consultations with the parent, 14 guardian, or custodian and the minor to assess the family 15 environment and the appropriateness of the application for 16 admission. 17 (2) During the interview and consultation the chief medical 18 officer shall inform the minor orally and in writing that the 19 minor has a right to object to the admission. If the chief 20 medical officer of the hospital to which application is made 21 determines that the admission is appropriate but the minor 22 objects to the admission, the parent, guardian, or custodian 23 must petition the juvenile court for approval of the admission 24 before the minor is actually admitted. 25 (3) As soon as is practicable after the filing of a 26 petition for juvenile court approval of the admission of the 27 minor, the juvenile court shall determine whether the minor 28 has an attorney to represent the minor in the hospitalization 29 proceeding, and if not, the court shall assign to the minor 30 an attorney. If the minor is financially unable to pay 31 for an attorney, the attorney shall be compensated by an 32 administrative services organization at an hourly rate to be 33 established by the administrative services organization in 34 substantially the same manner as provided in section 815.7 . 35 -6- LSB 5434YH (4) 91 dg/ko 6/ 11

H.F. 2114 (4) The juvenile court shall determine whether the 1 admission is in the best interest of the minor and is 2 consistent with the minor’s rights. 3 (5) The juvenile court shall order hospitalization of a 4 minor, over the minor’s objections, only after a hearing in 5 which it is shown by clear and convincing evidence that: 6 (a) The minor needs and will substantially benefit from 7 treatment. 8 (b) No other setting which involves less restriction of the 9 minor’s liberties is feasible for the purposes of treatment. 10 (6) Upon approval of the admission of a minor over the 11 minor’s objections, the juvenile court shall appoint an 12 individual to act as an advocate representing the interests of 13 the minor in the same manner as an advocate representing the 14 interests of patients involuntarily hospitalized pursuant to 15 section 229.19 . 16 2. Upon receiving an application for admission as a 17 voluntary patient, made pursuant to subsection 1 : 18 a. The chief medical officer of a public hospital shall 19 receive and may admit the person adult whose admission is 20 sought, subject in cases other than medical emergencies to 21 availability of suitable accommodations and to the provisions 22 of section 229.41 . 23 b. The chief medical officer of a private hospital may 24 receive and may admit the person adult whose admission is 25 sought. 26 Sec. 4. NEW SECTION . 229.2B Application for admission of 27 minor —— authority to receive minor patients. 28 1. For purposes of this section, “minor” means an individual 29 under eighteen years of age. 30 2. An application for admission to a public or private 31 hospital for observation, diagnosis, care, and treatment as a 32 voluntary patient may be made by a minor who is mentally ill or 33 has symptoms of mental illness, or the minor’s parent, legal 34 guardian, or custodian. 35 -7- LSB 5434YH (4) 91 dg/ko 7/ 11

H.F. 2114 3. Upon receipt of an application for voluntary admission 1 of a minor, the chief medical officer of the hospital shall 2 provide separate prescreening interviews and consultations with 3 the parent, guardian, or custodian and the minor to assess the 4 family environment and the appropriateness of the application 5 for admission. 6 4. a. The chief medical officer of a public hospital 7 shall receive and may admit a minor whose admission is sought, 8 subject in cases other than medical emergencies to availability 9 of suitable accommodations and to the provisions of section 10 229.41. 11 b. The chief medical officer of a private hospital may 12 receive and may admit a minor whose admission is sought. 13 5. A minor’s admission to a hospital shall not be subject to 14 court jurisdiction unless the minor and the minor’s parents, 15 legal guardians, or custodians refuse to consent to the minor’s 16 admission. 17 6. If a minor is admitted to a hospital over the minor’s 18 objections, the chief medical officer of the hospital 19 admitting the minor shall notify the juvenile court and 20 the juvenile court shall appoint an individual to act as an 21 advocate representing the interests of the minor in the same 22 manner as an advocate representing the interests of patients 23 involuntarily hospitalized pursuant to section 229.19. 24 Sec. 5. Section 229.4, subsection 2, Code 2026, is amended 25 to read as follows: 26 2. If the patient is a minor who was admitted on the 27 application of the patient’s parent, guardian, or custodian 28 pursuant to section 229.2, subsection 1 229.2B , the patient’s 29 release prior to becoming eighteen years of age may be 30 conditioned upon the consent of the parent, guardian, or 31 custodian , or upon the approval of the juvenile court if the 32 admission was approved by the juvenile court . 33 Sec. 6. Section 229.6A, subsections 1 and 3, Code 2026, are 34 amended to read as follows: 35 -8- LSB 5434YH (4) 91 dg/ko 8/ 11

H.F. 2114 1. Notwithstanding section 229.11 , the juvenile court has 1 exclusive original jurisdiction in proceedings concerning 2 a minor for whom an application is filed under section 3 229.6 or for whom an application for voluntary admission is 4 made under section 229.2, subsection 1 , to which the minor 5 objects . In proceedings under this chapter concerning a minor, 6 notwithstanding section 229.11 , the term “court” , “judge” , or 7 “clerk” means the juvenile court, judge, or clerk. 8 3. It is the intent of this chapter that when a minor is 9 involuntarily or voluntarily hospitalized , or hospitalized 10 with juvenile court approval over the minor’s objection the 11 minor’s family shall be included in counseling sessions offered 12 during the minor’s stay in a hospital when feasible. Prior 13 to the discharge of the minor , the juvenile court may, after 14 a hearing, order that the minor’s family be evaluated and 15 receive therapy ordered if the juvenile court finds therapy is 16 necessary to facilitate the return of the minor to the family 17 setting. 18 Sec. 7. Section 229.41, Code 2026, is amended to read as 19 follows: 20 229.41 Voluntary admission —— state mental health institute. 21 Persons making application pursuant to section 229.2 or 22 229.2B on their own behalf or on behalf of another person 23 who is under eighteen years of age, if the person whose 24 admission is sought is received for observation and treatment 25 on the application, shall be required to pay the costs of 26 hospitalization at rates established by the department. The 27 costs may be collected weekly in advance and shall be payable 28 to the state mental health institute. The collections shall 29 be remitted to the department monthly to be credited to the 30 general fund of the state. 31 Sec. 8. Section 321J.3, subsection 3, Code 2026, is amended 32 to read as follows: 33 3. The state department of transportation, in cooperation 34 with the judicial branch, shall adopt rules, pursuant to 35 -9- LSB 5434YH (4) 91 dg/ko 9/ 11

H.F. 2114 the procedure in section 125.33 or 125.33A , regarding the 1 assignment of persons ordered under section 321J.17 to submit 2 to substance use disorder evaluation and treatment. The rules 3 shall be applicable only to persons other than those committed 4 to the custody of the director of the department of corrections 5 under section 321J.2 . The rules shall be consistent with the 6 practices and procedures of the judicial branch in sentencing 7 persons to substance use disorder evaluation and treatment 8 under section 321J.2 . The rules shall include the requirement 9 that the treatment programs utilized by a person pursuant to an 10 order of the department of transportation meet the licensure 11 standards of the department of health and human services for 12 substance use disorder treatment programs under chapter 125 . 13 The rules shall also include provisions for payment of costs by 14 the offenders, including insurance reimbursement on behalf of 15 offenders, or other forms of funding, and shall also address 16 reporting requirements of the facility, consistent with the 17 provisions of sections 125.84 and 125.86 . The department of 18 transportation shall be entitled to treatment information 19 contained in reports to the department of transportation, 20 notwithstanding any provision of chapter 125 that would 21 restrict department access to treatment information and 22 records. 23 Sec. 9. Section 331.910, subsection 3, paragraph a, Code 24 2026, is amended to read as follows: 25 a. An administrative services organization may contract with 26 a receiving agency in a bordering state to secure substance 27 use disorder or mental health care and treatment under this 28 subsection for persons who receive substance use disorder or 29 mental health care and treatment pursuant to section 125.33 , 30 125.33A, 125.91 , 229.2 , 229.2B, or 229.22 . 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 Under current law, if a minor refuses to receive treatment 35 -10- LSB 5434YH (4) 91 dg/ko 10/ 11

H.F. 2114 or rehabilitation services (SUD treatment) for the child’s 1 substance use disorder, or refuses observation, diagnosis, 2 care, or treatment (mental health treatment) for the child’s 3 mental health disorder, the child’s parents, or any other 4 interested person, need to obtain a court order to have the 5 child committed for SUD treatment or mental health treatment. 6 This bill authorizes a parent, legal guardian, or custodian 7 of a child to have the child committed over the objections of 8 the child for SUD treatment, mental health treatment, or both. 9 Judicial proceedings will not be required to commit a child 10 unless both the child and the child’s parents, legal guardians, 11 or custodians object to the commitment. 12 If a minor is admitted for SUD treatment or mental health 13 treatment over the minor’s objections, the chief medical 14 officer of the hospital admitting the minor must notify the 15 juvenile court, and the juvenile court must appoint an advocate 16 for the minor. 17 The bill makes conforming changes to Code sections 125.33, 18 229.2, 229.4, 229.6A, 229.41, 321J.3, and 331.910. 19 -11- LSB 5434YH (4) 91 dg/ko 11/ 11