House File 313 - Introduced HOUSE FILE 313 BY COMMITTEE ON HEALTH AND HUMAN SERVICES (SUCCESSOR TO HSB 85) A BILL FOR An Act relating to testimony at involuntary commitment hearings 1 by physician assistants and advanced registered nurse 2 practitioners. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1842HV (1) 91 dg/ko

H.F. 313 Section 1. Section 125.82, subsection 3, Code 2025, is 1 amended to read as follows: 2 3. a. The person who filed the application , and a the 3 licensed physician and surgeon , or osteopathic physician and 4 surgeon, mental health professional, or certified alcohol and 5 drug counselor certified by the nongovernmental Iowa board of 6 certification who has examined the respondent in connection 7 with the commitment hearing , shall be present at the hearing, 8 unless the court for good cause finds that their presence or 9 testimony is not necessary any of the following apply: 10 (1) The court finds for good cause that the presence or 11 testimony of the person who examined the respondent is not 12 necessary. “Good cause” may include but is not limited to a 13 waiver under subparagraph (3) . 14 (2) The court grants an application to allow a physician 15 assistant licensed under chapter 148C or an advanced registered 16 nurse practitioner licensed under chapter 152 to be present 17 and testify at the hearing on behalf of the licensed physician 18 and surgeon, osteopathic physician and surgeon, mental health 19 professional, or certified alcohol and drug counselor who 20 examined the respondent in connection with the commitment 21 hearing. An application under this subparagraph shall contain 22 all of the following: 23 (a) A sworn statement that the physician assistant or 24 advanced registered nurse practitioner witnessed the physician 25 and surgeon, osteopathic physician and surgeon, mental health 26 professional, or certified alcohol and drug counselor examine 27 the respondent in connection with the commitment hearing. 28 (b) A sworn statement that the physician assistant or 29 advanced registered nurse practitioner has reviewed the written 30 report of the examination prepared pursuant to section 125.80. 31 (c) A sworn statement that the physician and surgeon, 32 osteopathic physician and surgeon, mental health professional, 33 or certified alcohol and drug counselor is unable to attend the 34 hearing. 35 -1- LSB 1842HV (1) 91 dg/ko 1/ 4

H.F. 313 (3) The applicant, respondent, and the respondent’s 1 attorney may waive the presence, televised appearance, or 2 telephonic appearance of the licensed physician and surgeon , or 3 osteopathic physician and surgeon, mental health professional, 4 or certified alcohol and drug counselor who examined the 5 respondent and agree to submit as evidence the written report 6 of the licensed physician and surgeon or osteopathic physician 7 and surgeon, mental health professional, or certified alcohol 8 and drug counselor of examination prepared pursuant to 9 section 125.80 . The respondent’s attorney shall inform the 10 court if the respondent’s attorney reasonably believes that 11 the respondent, due to diminished capacity, cannot make an 12 adequately considered waiver decision. “Good cause” for finding 13 that the testimony of the licensed physician and surgeon or 14 osteopathic physician and surgeon, mental health professional, 15 or certified alcohol and drug counselor who examined the 16 respondent is not necessary may include but is not limited to 17 such a waiver. 18 b. If the court determines that the testimony of the 19 licensed physician and surgeon , or osteopathic physician and 20 surgeon, mental health professional, or certified alcohol and 21 drug counselor is necessary, the court may allow the licensed 22 physician and surgeon , or osteopathic physician and surgeon, 23 mental health professional, or certified alcohol and drug 24 counselor to testify by telephone or televised means. 25 c. The respondent shall be present at the hearing unless 26 prior to the hearing the respondent’s attorney stipulates in 27 writing that the attorney has conversed with the respondent, 28 and that in the attorney’s judgment either the respondent 29 cannot make a meaningful contribution to the hearing , or that 30 the respondent has waived the right to be present, and the 31 basis for the attorney’s conclusions. A stipulation to the 32 respondent’s absence shall be reviewed by the court before the 33 hearing, and may be rejected if it appears that insufficient 34 grounds are stated or that the respondent’s interests would not 35 -2- LSB 1842HV (1) 91 dg/ko 2/ 4

H.F. 313 be served by the respondent’s absence. 1 Sec. 2. Section 229.12, subsection 3, paragraph b, Code 2 2025, is amended to read as follows: 3 b. (1) The licensed physician or mental health professional 4 who examined the respondent shall be present at the hearing 5 unless the court for good cause finds that the licensed 6 physician’s or mental health professional’s presence or 7 testimony is not necessary any of the following apply: 8 (a) The court finds for good cause that the licensed 9 physician’s or mental health professional’s presence is not 10 necessary . “Good cause” may include but is not limited to a 11 waiver under subparagraph division (c). 12 (b) The court grants an application to allow a physician 13 assistant licensed under chapter 148C or an advanced registered 14 nurse practitioner licensed under chapter 152 to be present 15 and testify at the hearing on behalf of the licensed physician 16 or mental health professional who examined the respondent in 17 connection with the commitment hearing. An application under 18 this subparagraph division shall contain all of the following: 19 (i) A sworn statement that the physician assistant or 20 advanced registered nurse practitioner witnessed the licensed 21 physician or mental health professional examine the respondent. 22 (ii) A sworn statement that the physician assistant or 23 advanced registered nurse practitioner has reviewed the written 24 report of the examination prepared pursuant to section 229.10. 25 (iii) A sworn statement that the licensed physician or 26 mental health professional who examined the respondent is 27 unable to attend the hearing. 28 (c) The applicant, respondent, and the respondent’s 29 attorney may waive the presence, televised appearance, or the 30 telephonic appearance of the licensed physician or mental 31 health professional who examined the respondent and agree to 32 submit as evidence the written report of the licensed physician 33 or mental health professional of the examination prepared 34 pursuant to section 229.10 . The respondent’s attorney shall 35 -3- LSB 1842HV (1) 91 dg/ko 3/ 4

H.F. 313 inform the court if the respondent’s attorney reasonably 1 believes that the respondent, due to diminished capacity, 2 cannot make an adequately considered waiver decision. “Good 3 cause” for finding that the testimony of the licensed physician 4 or mental health professional who examined the respondent is 5 not necessary may include but is not limited to such a waiver. 6 (2) If the court determines that the testimony of the 7 licensed physician or mental health professional is necessary, 8 the court may allow the licensed physician or the mental health 9 professional to testify by telephone or televised means. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill relates to testimony at involuntary commitment 14 hearings by physician assistants (assistant) and advanced 15 registered nurse practitioners (ARNP). 16 The bill allows an assistant or an ARNP to be present 17 and testify on behalf of a licensed physician and surgeon, 18 osteopathic physician and surgeon, mental health professional, 19 or certified alcohol and drug counselor who examined a 20 respondent in an involuntary commitment hearing for a substance 21 abuse disorder if the court grants an application that contains 22 certain sworn statements as detailed in the bill. The bill 23 contains similar language to allow an assistant or ARNP to 24 appear and testify on behalf of a licensed physician or a 25 mental health professional at an involuntary commitment hearing 26 for a respondent’s serious mental impairment. 27 -4- LSB 1842HV (1) 91 dg/ko 4/ 4