HF 313 (LSB 1842HV (1) 91)

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 by physician assistants and advanced registered nurse practitioners.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 125.82, subsection 3, Code 2025, is amended to read as follows:
   3.  a.  The person who filed the application, and a the licensed physician and surgeon, or osteopathic physician and surgeon, mental health professional, or certified alcohol and drug counselor certified by the nongovernmental Iowa board of certification who has examined the respondent in connection with the commitment hearing, shall be present at the hearing, unless the court for good cause finds that their presence or testimony is not necessary any of the following apply:
   (1)  The court finds for good cause that the presence or testimony of the person who examined the respondent is not necessary. “Good cause” may include but is not limited to a waiver under subparagraph (3).
   (2)  The court grants an application to allow a physician assistant licensed under chapter 148C or an advanced registered nurse practitioner licensed under chapter 152 to be present and testify at the hearing on behalf of the licensed physician and surgeon, osteopathic physician and surgeon, mental health professional, or certified alcohol and drug counselor who examined the respondent in connection with the commitment hearing. An application under this subparagraph shall contain all of the following:
   (a)  A sworn statement that the physician assistant or advanced registered nurse practitioner witnessed the physician and surgeon, osteopathic physician and surgeon, mental health professional, or certified alcohol and drug counselor examine the respondent in connection with the commitment hearing.
   (b)  A sworn statement that the physician assistant or advanced registered nurse practitioner has reviewed the written report of the examination prepared pursuant to section 125.80.
   (c)  A sworn statement that the physician and surgeon, osteopathic physician and surgeon, mental health professional, or certified alcohol and drug counselor is unable to attend the hearing.
   (3)  The applicant, respondent, and the respondent’s attorney may waive the presence, televised appearance, or telephonic appearance of the licensed physician and surgeon, or osteopathic physician and surgeon, mental health professional, or certified alcohol and drug counselor who examined the respondent and agree to submit as evidence the written report of the licensed physician and surgeon or osteopathic physician and surgeon, mental health professional, or certified alcohol and drug counselor of examination prepared pursuant to section 125.80. The respondent’s attorney shall inform the court if the respondent’s attorney reasonably believes that the respondent, due to diminished capacity, cannot make an adequately considered waiver decision. “Good cause” for finding that the testimony of the licensed physician and surgeon or osteopathic physician and surgeon, mental health professional, or certified alcohol and drug counselor who examined the respondent is not necessary may include but is not limited to such a waiver.
   b.  If the court determines that the testimony of the licensed physician and surgeon, or osteopathic physician and surgeon, mental health professional, or certified alcohol and drug counselor is necessary, the court may allow the licensed physician and surgeon, or osteopathic physician and surgeon, mental health professional, or certified alcohol and drug counselor to testify by telephone or televised means.
   c.  The respondent shall be present at the hearing unless prior to the hearing the respondent’s attorney stipulates in writing that the attorney has conversed with the respondent, and that in the attorney’s judgment either the respondent cannot make a meaningful contribution to the hearing, or that the respondent has waived the right to be present, and the basis for the attorney’s conclusions. A stipulation to the respondent’s absence shall be reviewed by the court before the hearing, and may be rejected if it appears that insufficient grounds are stated or that the respondent’s interests would not be served by the respondent’s absence.
    Sec. 2.  Section 229.12, subsection 3, paragraph b, Code 2025, is amended to read as follows:
   b.  (1)  The licensed physician or mental health professional who examined the respondent shall be present at the hearing unless the court for good cause finds that the licensed physician’s or mental health professional’s presence or testimony is not necessary any of the following apply:
   (a)  The court finds for good cause that the licensed physician’s or mental health professional’s presence is not necessary.  “Good cause” may include but is not limited to a waiver under subparagraph division (c).
   (b)  The court grants an application to allow a physician assistant licensed under chapter 148C or an advanced registered nurse practitioner licensed under chapter 152 to be present and testify at the hearing on behalf of the licensed physician or mental health professional who examined the respondent in connection with the commitment hearing. An application under this subparagraph division shall contain all of the following:
   (i)  A sworn statement that the physician assistant or advanced registered nurse practitioner witnessed the licensed physician or mental health professional examine the respondent.
   (ii)  A sworn statement that the physician assistant or advanced registered nurse practitioner has reviewed the written report of the examination prepared pursuant to section 229.10.
   (iii)  A sworn statement that the licensed physician or mental health professional who examined the respondent is unable to attend the hearing.
   (c)  The applicant, respondent, and the respondent’s attorney may waive the presence, televised appearance, or the telephonic appearance of the licensed physician or mental health professional who examined the respondent and agree to submit as evidence the written report of the licensed physician or mental health professional of the examination prepared pursuant to section 229.10. The respondent’s attorney shall inform the court if the respondent’s attorney reasonably believes that the respondent, due to diminished capacity, cannot make an adequately considered waiver decision. “Good cause” for finding that the testimony of the licensed physician or mental health professional who examined the respondent is not necessary may include but is not limited to such a waiver.
   (2)  If the court determines that the testimony of the licensed physician or mental health professional is necessary, the court may allow the licensed physician or the mental health professional to testify by telephone or televised means.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to testimony at involuntary commitment hearings by physician assistants (assistant) and advanced registered nurse practitioners (ARNP).
   The bill allows an assistant or an ARNP to be present and testify on behalf of a licensed physician and surgeon, osteopathic physician and surgeon, mental health professional, or certified alcohol and drug counselor who examined a respondent in an involuntary commitment hearing for a substance abuse disorder if the court grants an application that contains certain sworn statements as detailed in the bill. The bill contains similar language to allow an assistant or ARNP to appear and testify on behalf of a licensed physician or a mental health professional at an involuntary commitment hearing for a respondent’s serious mental impairment.