Print
House File 466 - EnrolledAn Actrelating to televised testimony in involuntary
commitment hearings for persons with substance-related
disorders and persons with mental illness.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 125.82, subsection 3, Code 2023, is
amended to read as follows:
3. The person who filed the application and a 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
substance abuse 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. 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. 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. 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. The
respondent shall be present at the hearing unless prior to the
hearing the respondent’s attorney stipulates in writing that
-1-the attorney has conversed with the respondent, and that in the
attorney’s judgment 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 125.82, subsection 4, Code 2023, is amended
to read as follows:
4. The respondent’s welfare is paramount, and the hearing
shall be tried as a civil matter and conducted in as informal a
manner as is consistent with orderly procedure. The hearing
may be held by video or telephone conference at the discretion
of the court. Discovery as permitted under the Iowa rules of
civil procedure is available to the respondent. The court
shall receive all relevant and material evidence, but the
court is not bound by the rules of evidence. A presumption in
favor of the respondent exists, and the burden of evidence and
support of the contentions made in the application shall be
upon the person who filed the application. If upon completion
of the hearing the court finds that the contention that the
respondent is a person with a substance-related disorder has
not been sustained by clear and convincing evidence, the court
shall deny the application and terminate the proceeding.
Sec. 3. Section 229.12, subsection 3, paragraph b, Code
2023, is amended to read as follows:
b. 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. The applicant, respondent, and the respondent’s
attorney may waive the presence, televised appearance, or the
telephonic appearance of the licensed physician or mental
-2-health professional who examined the respondent and agree to
submit as evidence the written report of the licensed physician
or mental health professional. 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.
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.
Sec. 4. Section 229.12, subsection 3, paragraph a, Code
2023, is amended to read as follows:
a. The respondent’s welfare shall be paramount and the
hearing shall be conducted in as informal a manner as may be
consistent with orderly procedure, but consistent therewith
the issue shall be tried as a civil matter. The hearing may
be held by video or telephone conference at the discretion of
the court. Such discovery as is permitted under the Iowa rules
of civil procedure shall be available to the respondent. The
court shall receive all relevant and material evidence which
may be offered and need not be bound by the rules of evidence.
There shall be a presumption in favor of the respondent, and
the burden of evidence in support of the contentions made in
the application shall be upon the applicant.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
AMY SINCLAIRPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 466, Ninetieth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2023______________________________
KIM REYNOLDSGovernordg/rh
commitment hearings for persons with substance-related
disorders and persons with mental illness.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 125.82, subsection 3, Code 2023, is
amended to read as follows:
3. The person who filed the application and a 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
substance abuse 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. 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. 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. 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. The
respondent shall be present at the hearing unless prior to the
hearing the respondent’s attorney stipulates in writing that
-1-the attorney has conversed with the respondent, and that in the
attorney’s judgment 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 125.82, subsection 4, Code 2023, is amended
to read as follows:
4. The respondent’s welfare is paramount, and the hearing
shall be tried as a civil matter and conducted in as informal a
manner as is consistent with orderly procedure. The hearing
may be held by video or telephone conference at the discretion
of the court. Discovery as permitted under the Iowa rules of
civil procedure is available to the respondent. The court
shall receive all relevant and material evidence, but the
court is not bound by the rules of evidence. A presumption in
favor of the respondent exists, and the burden of evidence and
support of the contentions made in the application shall be
upon the person who filed the application. If upon completion
of the hearing the court finds that the contention that the
respondent is a person with a substance-related disorder has
not been sustained by clear and convincing evidence, the court
shall deny the application and terminate the proceeding.
Sec. 3. Section 229.12, subsection 3, paragraph b, Code
2023, is amended to read as follows:
b. 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. The applicant, respondent, and the respondent’s
attorney may waive the presence, televised appearance, or the
telephonic appearance of the licensed physician or mental
-2-health professional who examined the respondent and agree to
submit as evidence the written report of the licensed physician
or mental health professional. 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.
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.
Sec. 4. Section 229.12, subsection 3, paragraph a, Code
2023, is amended to read as follows:
a. The respondent’s welfare shall be paramount and the
hearing shall be conducted in as informal a manner as may be
consistent with orderly procedure, but consistent therewith
the issue shall be tried as a civil matter. The hearing may
be held by video or telephone conference at the discretion of
the court. Such discovery as is permitted under the Iowa rules
of civil procedure shall be available to the respondent. The
court shall receive all relevant and material evidence which
may be offered and need not be bound by the rules of evidence.
There shall be a presumption in favor of the respondent, and
the burden of evidence in support of the contentions made in
the application shall be upon the applicant.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
AMY SINCLAIRPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 466, Ninetieth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2023______________________________
KIM REYNOLDSGovernordg/rh