Read the full stored bill text
House
File
123
-
Introduced
HOUSE
FILE
123
BY
A.
MEYER
A
BILL
FOR
An
Act
relating
to
orders
for
treatment
of
persons
experiencing
1
psychiatric
deterioration.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
125.75,
subsection
2,
paragraph
a,
Code
1
2025,
is
amended
to
read
as
follows:
2
a.
State
the
applicant’s
belief
that
the
respondent
is
3
a
person
who
is
experiencing
psychiatric
deterioration
as
4
defined
in
section
229.1,
or
who
presents
a
danger
to
self
or
5
others
and
lacks
judgmental
capacity
due
to
either
any
of
the
6
following:
7
(1)
A
substance
use
disorder
as
defined
in
section
125.2
.
8
(2)
A
serious
mental
impairment
as
defined
in
section
229.1
.
9
Sec.
2.
Section
218.46,
subsection
2,
Code
2025,
is
amended
10
to
read
as
follows:
11
2.
The
department
may
provide
services
and
facilities
12
for
the
scientific
observation,
rechecking,
and
treatment
of
13
persons
with
mental
illness
within
the
state.
Application
14
by,
or
on
behalf
of,
any
person
for
such
services
and
15
facilities
shall
be
made
to
the
director
on
forms
furnished
16
by
the
department.
The
time
and
place
of
admission
of
any
17
person
to
outpatient
or
clinical
services
and
facilities
for
18
scientific
observation,
rechecking,
and
treatment
and
the
use
19
of
such
services
and
facilities
for
the
benefit
of
persons
20
who
have
already
been
hospitalized
for
psychiatric
evaluation
21
and
appropriate
treatment
or
involuntarily
hospitalized
as
22
seriously
mentally
ill
shall
be
in
accordance
with
rules
and
23
regulations
adopted
by
the
department.
24
Sec.
3.
Section
225.11,
Code
2025,
is
amended
to
read
as
25
follows:
26
225.11
Initiating
commitment
procedures.
27
When
a
court
finds
upon
completion
of
a
hearing
held
pursuant
28
to
section
229.12
that
the
contention
that
a
respondent
is
29
seriously
mentally
impaired
,
or
is
experiencing
psychiatric
30
deterioration,
has
been
sustained
by
clear
and
convincing
31
evidence,
and
the
application
filed
under
section
229.6
also
32
contends
or
the
court
otherwise
concludes
that
it
would
be
33
appropriate
to
refer
the
respondent
to
the
state
psychiatric
34
hospital
for
a
complete
psychiatric
evaluation
and
appropriate
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treatment
pursuant
to
section
229.13
,
the
judge
may
order
that
1
a
financial
investigation
be
made
in
the
manner
prescribed
by
2
section
225.13
.
If
the
costs
of
a
respondent’s
evaluation
or
3
treatment
are
payable
in
whole
or
in
part
by
a
county,
an
order
4
under
this
section
shall
be
for
referral
of
the
respondent
5
through
the
regional
administrator
for
the
respondent’s
county
6
of
residence
for
an
evaluation
and
referral
of
the
respondent
7
to
an
appropriate
placement
or
service,
which
may
include
8
the
state
psychiatric
hospital
for
additional
evaluation
or
9
treatment.
10
Sec.
4.
Section
229.1,
Code
2025,
is
amended
by
adding
the
11
following
new
subsection:
12
NEW
SUBSECTION
.
16A.
“Psychiatric
deterioration”
means
a
13
deterioration
of
a
person’s
mental
health
described
by
all
of
14
the
following:
15
a.
The
deterioration
makes
the
person
unable
to
understand
16
the
need
to
treat
the
person’s
mental
health
condition.
17
b.
Based
on
the
person’s
history
the
person
is
unlikely
to
18
seek
treatment
for
the
deterioration.
19
c.
Within
a
reasonable
degree
of
medical
certainty,
unless
20
the
person
receives
treatment,
the
deterioration
is
likely
to
21
continue
until
the
person
has
a
serious
mental
impairment.
22
Sec.
5.
Section
229.4,
subsection
3,
Code
2025,
is
amended
23
to
read
as
follows:
24
3.
If
the
chief
medical
officer
of
the
hospital,
not
later
25
than
the
end
of
the
next
secular
business
day
on
which
the
26
office
of
the
clerk
of
the
district
court
for
the
county
in
27
which
the
hospital
is
located
is
open
and
which
follows
the
28
submission
of
the
written
request
for
release
of
the
patient,
29
files
with
that
clerk
a
certification
that
in
the
chief
medical
30
officer’s
opinion
the
patient
is
seriously
mentally
impaired
,
31
or
experiencing
psychiatric
deterioration
,
the
release
may
32
be
postponed
for
the
period
of
time
the
court
determines
is
33
necessary
to
permit
commencement
of
judicial
procedure
for
34
involuntary
hospitalization.
That
period
of
time
may
not
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exceed
five
days,
exclusive
of
days
on
which
the
clerk’s
1
office
is
not
open
unless
the
period
of
time
is
extended
by
2
order
of
a
district
court
judge
for
good
cause
shown.
Until
3
disposition
of
the
application
for
involuntary
hospitalization
4
of
the
patient
is
determined,
if
an
application
is
timely
5
filed,
the
chief
medical
officer
may
detain
the
patient
in
6
the
hospital
and
may
provide
treatment
which
is
necessary
7
to
preserve
the
patient’s
life,
or
to
appropriately
control
8
behavior
by
the
patient
which
is
likely
to
result
in
physical
9
injury
to
the
patient
or
to
others
if
allowed
to
continue,
but
10
may
not
otherwise
provide
treatment
to
the
patient
without
the
11
patient’s
consent.
12
Sec.
6.
Section
229.5,
Code
2025,
is
amended
to
read
as
13
follows:
14
229.5
Departure
without
notice.
15
If
a
voluntary
patient
departs
from
the
hospital
without
16
notice,
and
in
the
opinion
of
the
chief
medical
officer
17
the
patient
is
seriously
mentally
impaired
,
or
experiencing
18
psychiatric
deterioration
,
the
chief
medical
officer
may
file
19
an
application
on
the
departed
voluntary
patient
pursuant
to
20
section
229.6
,
and
request
that
an
order
for
immediate
custody
21
be
entered
by
the
court
pursuant
to
section
229.11
.
22
Sec.
7.
Section
229.6,
subsection
2,
paragraph
a,
Code
2025,
23
is
amended
to
read
as
follows:
24
a.
State
the
applicant’s
belief
that
the
respondent
is
25
a
person
who
is
experiencing
psychiatric
deterioration,
or
26
who
presents
a
danger
to
self
or
others
and
lacks
judgmental
27
capacity
due
to
either
any
of
the
following:
28
(1)
A
substance
use
disorder
as
defined
in
section
125.2
.
29
(2)
A
serious
mental
impairment
as
defined
in
section
229.1
.
30
Sec.
8.
Section
229.10,
subsections
3
and
4,
Code
2025,
are
31
amended
to
read
as
follows:
32
3.
If
the
report
of
one
or
more
of
the
court-designated
33
physicians
or
mental
health
professionals
is
to
the
effect
that
34
the
individual
is
not
seriously
mentally
impaired
and
is
not
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experiencing
psychiatric
deterioration
,
the
court
shall
without
1
taking
further
action
terminate
the
proceeding
and
dismiss
the
2
application
on
its
own
motion
and
without
notice.
3
4.
If
the
report
of
one
or
more
of
the
court-designated
4
physicians
or
mental
health
professionals
is
to
the
effect
5
that
the
respondent
is
seriously
mentally
impaired
,
or
is
6
experiencing
psychiatric
deterioration
,
the
court
shall
7
schedule
a
hearing
on
the
application
as
soon
as
possible.
8
The
hearing
shall
be
held
not
more
than
forty-eight
hours
9
after
the
report
is
filed,
excluding
Saturdays,
Sundays
and
10
holidays,
unless
an
extension
for
good
cause
is
requested
11
by
the
respondent,
or
as
soon
thereafter
as
possible
if
the
12
court
considers
that
sufficient
grounds
exist
for
delaying
the
13
hearing.
14
Sec.
9.
Section
229.11,
subsection
1,
unnumbered
paragraph
15
1,
Code
2025,
is
amended
to
read
as
follows:
16
If
the
applicant
requests
that
the
respondent
be
taken
into
17
immediate
custody
and
the
judge,
upon
reviewing
the
application
18
and
accompanying
documentation,
finds
probable
cause
to
19
believe
that
the
respondent
has
a
serious
mental
impairment
20
and
is
likely
to
injure
the
respondent
or
other
persons
if
21
allowed
to
remain
at
liberty
,
or
the
respondent
is
experiencing
22
psychiatric
deterioration
,
the
judge
may
enter
a
written
order
23
directing
that
the
respondent
be
taken
into
immediate
custody
24
by
the
sheriff
or
the
sheriff’s
deputy
and
be
detained
until
25
the
hospitalization
hearing.
The
hospitalization
hearing
shall
26
be
held
no
more
than
five
days
after
the
date
of
the
order,
27
except
that
if
the
fifth
day
after
the
date
of
the
order
is
28
a
Saturday,
Sunday,
or
a
holiday,
the
hearing
may
be
held
29
on
the
next
succeeding
business
day.
If
the
expenses
of
a
30
respondent
are
payable
in
whole
or
in
part
by
a
mental
health
31
and
disability
services
region,
for
a
placement
in
accordance
32
with
paragraph
“a”
,
the
judge
shall
give
notice
of
the
placement
33
to
the
regional
administrator
for
the
county
in
which
the
court
34
is
located,
and
for
a
placement
in
accordance
with
paragraph
35
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“b”
or
“c”
,
the
judge
shall
order
the
placement
in
a
hospital
or
1
facility
designated
through
the
regional
administrator.
The
2
judge
may
order
the
respondent
detained
for
the
period
of
time
3
until
the
hearing
is
held,
and
no
longer,
in
accordance
with
4
paragraph
“a”
,
if
possible,
and
if
not
then
in
accordance
with
5
paragraph
“b”
,
or,
only
if
neither
of
these
alternatives
is
6
available,
in
accordance
with
paragraph
“c”
.
Detention
may
be
7
in
any
of
the
following:
8
Sec.
10.
Section
229.12,
subsection
3,
paragraph
c,
Code
9
2025,
is
amended
to
read
as
follows:
10
c.
If
upon
completion
of
the
hearing
the
court
finds
that
11
the
contention
that
the
respondent
is
seriously
mentally
12
impaired
,
or
is
experiencing
psychiatric
deterioration,
has
not
13
been
sustained
by
clear
and
convincing
evidence,
it
shall
deny
14
the
application
and
terminate
the
proceeding.
15
Sec.
11.
Section
229.13,
subsection
1,
unnumbered
paragraph
16
1,
Code
2025,
is
amended
to
read
as
follows:
17
If
upon
completion
of
the
hospitalization
hearing
the
court
18
finds
by
clear
and
convincing
evidence
that
the
respondent
has
19
a
serious
mental
impairment
,
or
is
experiencing
psychiatric
20
deterioration
,
the
court
shall
order
the
respondent
committed
21
as
expeditiously
as
possible
for
a
complete
psychiatric
22
evaluation
and
appropriate
treatment
as
follows:
23
Sec.
12.
Section
229.13,
subsection
7,
paragraph
a,
24
subparagraph
(3),
Code
2025,
is
amended
to
read
as
follows:
25
(3)
If
the
respondent
chooses
to
be
treated
by
the
26
appropriate
medication
which
may
include
the
use
of
oral
27
medicine
or
injectable
antipsychotic
medicine
but
the
mental
28
health
professional
acting
within
the
scope
of
the
mental
29
health
professional’s
practice
at
the
outpatient
psychiatric
30
clinic,
hospital,
or
other
suitable
facility
determines
that
31
the
respondent’s
behavior
continues
to
be
likely
to
result
in
32
physical
injury
to
the
respondent’s
self
or
others
if
allowed
33
to
continue,
the
mental
health
professional
acting
within
34
the
scope
of
the
mental
health
professional’s
practice
shall
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comply
with
the
provisions
of
subparagraph
(1)
and,
following
1
notice
and
hearing
held
in
accordance
with
the
procedures
in
2
section
229.12
,
the
court
may
order
the
respondent
treated
3
on
an
inpatient
basis
requiring
full-time
custody,
care,
4
and
treatment
in
a
hospital
until
such
time
as
the
chief
5
medical
officer
reports
that
the
respondent
does
not
require
6
further
treatment
for
serious
mental
impairment
or
psychiatric
7
deterioration,
or
has
indicated
the
respondent
is
willing
to
8
submit
to
treatment
on
another
basis
as
ordered
by
the
court.
9
Sec.
13.
Section
229.14,
subsection
1,
paragraphs
a,
b,
c,
10
and
d,
Code
2025,
are
amended
to
read
as
follows:
11
a.
That
the
respondent
does
not,
as
of
the
date
of
the
12
report,
require
further
treatment
for
serious
mental
impairment
13
or
psychiatric
deterioration
.
If
the
report
so
states,
the
14
court
shall
order
the
respondent’s
immediate
release
from
15
involuntary
hospitalization
and
terminate
the
proceedings.
16
b.
That
the
respondent
is
seriously
mentally
impaired
and
or
17
experiencing
psychiatric
deterioration,
is
in
need
of
full-time
18
custody,
care
,
and
inpatient
treatment
in
a
hospital,
and
is
19
considered
likely
to
benefit
from
treatment.
The
report
shall
20
include
the
chief
medical
officer’s
recommendation
for
further
21
treatment.
22
c.
That
the
respondent
is
seriously
mentally
impaired
or
23
experiencing
psychiatric
deterioration,
and
is
in
need
of
24
treatment,
but
does
not
require
full-time
hospitalization.
25
If
the
report
so
states,
it
shall
include
the
chief
medical
26
officer’s
recommendation
for
treatment
of
the
respondent
on
an
27
outpatient
or
other
appropriate
basis.
28
d.
The
respondent
is
seriously
mentally
impaired
or
29
experiencing
psychiatric
deterioration,
and
is
in
need
of
30
full-time
custody
and
care,
but
is
unlikely
to
benefit
from
31
further
inpatient
treatment
in
a
hospital.
The
report
shall
32
include
the
chief
medical
officer’s
recommendation
for
an
33
appropriate
alternative
placement
for
the
respondent.
34
Sec.
14.
Section
229.14,
subsection
2,
paragraph
d,
Code
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2025,
is
amended
to
read
as
follows:
1
d.
If
the
court
orders
treatment
of
the
respondent
on
an
2
outpatient
or
other
appropriate
basis
as
described
in
the
chief
3
medical
officer’s
report
pursuant
to
subsection
1
,
paragraph
4
“c”
,
the
order
shall
provide
that,
should
the
respondent
5
fail
or
refuse
to
submit
to
treatment
in
accordance
with
the
6
court’s
order,
the
court
may
order
that
the
respondent
be
7
taken
into
immediate
custody
as
provided
by
section
229.11
8
and,
following
notice
and
hearing
held
in
accordance
with
9
the
procedures
of
section
229.12
,
may
order
the
respondent
10
treated
on
an
inpatient
basis
requiring
full-time
custody,
11
care,
and
treatment
in
a
hospital
until
such
time
as
the
chief
12
medical
officer
reports
that
the
respondent
does
not
require
13
further
treatment
for
serious
mental
impairment
or
psychiatric
14
deterioration,
or
has
indicated
the
respondent
is
willing
to
15
submit
to
treatment
on
another
basis
as
ordered
by
the
court.
16
If
a
patient
is
transferred
for
treatment
to
another
provider
17
under
this
paragraph,
the
treatment
provider
who
will
be
18
providing
the
outpatient
or
other
appropriate
treatment
shall
19
be
provided
with
copies
of
relevant
court
orders
by
the
former
20
treatment
provider.
21
Sec.
15.
Section
229.16,
Code
2025,
is
amended
to
read
as
22
follows:
23
229.16
Discharge
and
termination
of
proceeding.
24
When
the
condition
of
a
patient
who
is
hospitalized
pursuant
25
to
a
report
issued
under
section
229.14,
subsection
1
,
26
paragraph
“b”
,
or
is
receiving
treatment
pursuant
to
a
report
27
issued
under
section
229.14,
subsection
1
,
paragraph
“c”
,
or
is
28
in
full-time
care
and
custody
pursuant
to
a
report
issued
under
29
section
229.14,
subsection
1
,
paragraph
“d”
,
is
such
that
in
30
the
opinion
of
the
chief
medical
officer
the
patient
no
longer
31
requires
treatment
or
care
for
serious
mental
impairment
,
or
32
psychiatric
deterioration
,
the
chief
medical
officer
shall
33
tentatively
discharge
the
patient
and
immediately
report
that
34
fact
to
the
court
which
ordered
the
patient’s
hospitalization
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or
care
and
custody.
Upon
receiving
the
report,
the
court
1
shall
issue
an
order
confirming
the
patient’s
discharge
from
2
the
hospital
or
from
care
and
custody,
as
the
case
may
be,
and
3
shall
terminate
the
proceedings
pursuant
to
which
the
order
was
4
issued.
Copies
of
the
order
shall
be
sent
by
regular
mail
to
5
the
hospital,
the
patient,
and
the
applicant
if
the
applicant
6
has
filed
a
written
waiver
signed
by
the
patient.
7
Sec.
16.
Section
229.17,
Code
2025,
is
amended
to
read
as
8
follows:
9
229.17
Status
of
respondent
during
appeal.
10
If
a
respondent
appeals
to
the
supreme
court
from
a
finding
11
that
the
contention
the
respondent
is
seriously
mentally
12
impaired
,
or
is
experiencing
psychiatric
deterioration,
has
13
been
sustained,
and
the
respondent
was
previously
ordered
14
taken
into
immediate
custody
under
section
229.11
or
has
15
been
hospitalized
for
psychiatric
evaluation
and
appropriate
16
treatment
under
section
229.13
before
the
court
is
informed
17
of
intent
to
appeal
its
finding,
the
respondent
shall
remain
18
in
custody
as
previously
ordered
by
the
court,
the
time
limit
19
stated
in
section
229.11
notwithstanding,
or
shall
remain
20
in
the
hospital
subject
to
compliance
by
the
hospital
with
21
sections
229.13
through
229.16
,
as
the
case
may
be,
unless
the
22
supreme
court
orders
otherwise.
If
a
respondent
appeals
to
the
23
supreme
court
regarding
a
placement
order,
the
respondent
shall
24
remain
in
placement
unless
the
supreme
court
orders
otherwise.
25
Sec.
17.
Section
229.19,
subsection
1,
paragraph
c,
Code
26
2025,
is
amended
to
read
as
follows:
27
c.
The
advocate’s
responsibility
with
respect
to
any
patient
28
shall
begin
at
whatever
time
the
attorney
employed
or
appointed
29
to
represent
that
patient
as
respondent
in
hospitalization
30
proceedings,
conducted
under
sections
229.6
through
229.13
,
31
reports
to
the
court
that
the
attorney’s
services
are
no
longer
32
required
and
requests
the
court’s
approval
to
withdraw
as
33
counsel
for
that
patient.
However,
if
the
patient
is
found
to
34
be
seriously
mentally
impaired
,
or
experiencing
psychiatric
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deterioration,
at
the
hospitalization
hearing,
the
attorney
1
representing
the
patient
shall
automatically
be
relieved
of
2
responsibility
in
the
case
and
an
advocate
shall
be
assigned
3
to
the
patient
at
the
conclusion
of
the
hearing
unless
the
4
attorney
indicates
an
intent
to
continue
the
attorney’s
5
services
and
the
court
so
directs.
If
the
court
directs
the
6
attorney
to
remain
on
the
case,
the
attorney
shall
assume
7
all
the
duties
of
an
advocate.
The
clerk
shall
furnish
8
the
advocate
with
a
copy
of
the
court’s
order
approving
the
9
withdrawal
and
shall
inform
the
patient
of
the
name
of
the
10
patient’s
advocate.
11
Sec.
18.
Section
229.21,
subsection
3,
paragraphs
a
and
b,
12
Code
2025,
are
amended
to
read
as
follows:
13
a.
Any
respondent
with
respect
to
whom
the
magistrate
or
14
judicial
hospitalization
referee
has
found
the
contention
that
15
the
respondent
is
seriously
mentally
impaired
,
is
experiencing
16
psychiatric
deterioration,
or
is
a
person
with
a
substance
use
17
disorder
sustained
by
clear
and
convincing
evidence
presented
18
at
a
hearing
held
under
section
229.12
or
section
125.82
,
may
19
appeal
from
the
magistrate’s
or
referee’s
finding
to
a
judge
20
of
the
district
court
by
giving
the
clerk
notice
in
writing,
21
within
ten
days
after
the
magistrate’s
or
referee’s
finding
is
22
made,
that
an
appeal
is
taken.
The
appeal
may
be
signed
by
23
the
respondent
or
by
the
respondent’s
next
friend,
guardian,
24
or
attorney.
25
b.
An
order
of
a
magistrate
or
judicial
hospitalization
26
referee
with
a
finding
that
the
respondent
is
seriously
27
mentally
impaired
,
is
experiencing
psychiatric
deterioration,
28
or
is
a
person
with
a
substance
use
disorder
shall
include
the
29
following
notice,
located
conspicuously
on
the
face
of
the
30
order:
31
NOTE:
The
respondent
may
appeal
from
this
order
to
a
judge
of
32
the
district
court
by
giving
written
notice
of
the
appeal
to
33
the
clerk
of
the
district
court
within
ten
days
after
the
date
34
of
this
order.
The
appeal
may
be
signed
by
the
respondent
or
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by
the
respondent’s
next
friend,
guardian,
or
attorney.
For
a
1
more
complete
description
of
the
respondent’s
appeal
rights,
2
consult
section
229.21
of
the
Code
of
Iowa
or
an
attorney.
3
Sec.
19.
Section
229.22,
subsection
1,
Code
2025,
is
amended
4
to
read
as
follows:
5
1.
The
procedure
prescribed
by
this
section
shall
be
used
6
when
it
appears
that
a
person
should
be
immediately
detained
7
due
to
serious
mental
impairment
or
psychiatric
deterioration
,
8
but
an
application
has
not
been
filed
naming
the
person
as
the
9
respondent
pursuant
to
section
229.6
,
and
the
person
cannot
be
10
ordered
into
immediate
custody
and
detained
pursuant
to
section
11
229.11
.
12
Sec.
20.
Section
229.22,
subsection
2,
paragraph
a,
13
subparagraph
(4),
subparagraph
division
(a),
Code
2025,
is
14
amended
to
read
as
follows:
15
(a)
If
the
examining
physician,
examining
physician
16
assistant,
examining
mental
health
professional,
or
examining
17
psychiatric
advanced
registered
nurse
practitioner
finds
18
that
there
is
reason
to
believe
that
the
person
is
seriously
19
mentally
impaired,
and
because
of
that
impairment
is
likely
20
to
physically
injure
the
person’s
self
or
others
if
not
21
immediately
detained
,
or
the
person
is
experiencing
psychiatric
22
deterioration
,
the
facility
shall
have
the
authority
to
detain
23
the
person
for
a
period
of
no
longer
than
twelve
hours.
Within
24
twelve
hours
of
detaining
a
person
pursuant
to
this
section
,
25
the
examining
physician,
examining
physician
assistant,
26
examining
mental
health
professional,
or
examining
psychiatric
27
advanced
registered
nurse
practitioner
shall
communicate
with
28
the
nearest
available
magistrate.
29
Sec.
21.
Section
229.22,
subsection
2,
paragraph
b,
Code
30
2025,
is
amended
to
read
as
follows:
31
b.
If
the
magistrate
orders
that
the
person
be
detained,
32
the
magistrate
shall,
by
the
close
of
business
on
the
next
33
working
day,
file
a
written
order
with
the
clerk
in
the
county
34
where
it
is
anticipated
that
an
application
may
be
filed
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under
section
229.6
.
The
order
may
be
filed
by
facsimile
if
1
necessary.
A
peace
officer
from
the
law
enforcement
agency
2
that
took
the
person
into
custody,
if
no
request
was
made
3
under
paragraph
“a”
,
may
inform
the
magistrate
that
an
arrest
4
warrant
has
been
issued
for
or
charges
are
pending
against
5
the
person
and
request
that
any
written
order
issued
under
6
this
paragraph
require
the
facility
or
hospital
to
notify
7
the
law
enforcement
agency
about
the
discharge
of
the
person
8
prior
to
discharge.
The
order
shall
state
the
circumstances
9
under
which
the
person
was
taken
into
custody
or
otherwise
10
brought
to
a
facility
or
hospital,
and
the
grounds
supporting
11
the
finding
of
probable
cause
to
believe
that
the
person
is
12
seriously
mentally
impaired
and
likely
to
injure
the
person’s
13
self
or
others
if
not
immediately
detained
,
or
the
person
is
14
experiencing
psychiatric
deterioration
.
The
order
shall
also
15
include
any
law
enforcement
agency
notification
requirements
if
16
applicable.
The
order
shall
confirm
the
oral
order
authorizing
17
the
person’s
detention
including
any
order
given
to
transport
18
the
person
to
an
appropriate
facility
or
hospital.
A
peace
19
officer
from
the
law
enforcement
agency
that
took
the
person
20
into
custody
may
also
request
an
order,
separate
from
the
21
written
order,
requiring
the
facility
or
hospital
to
notify
the
22
law
enforcement
agency
about
the
discharge
of
the
person
prior
23
to
discharge.
The
clerk
shall
provide
a
copy
of
the
written
24
order
or
any
separate
order
to
the
chief
medical
officer
of
the
25
facility
or
hospital
to
which
the
person
was
originally
taken,
26
to
any
subsequent
facility
to
which
the
person
was
transported,
27
and
to
any
law
enforcement
department,
ambulance
service,
or
28
transportation
service
under
contract
with
a
mental
health
29
and
disability
services
region
that
transported
the
person
30
pursuant
to
the
magistrate’s
order.
A
transportation
service
31
that
contracts
with
a
mental
health
and
disability
services
32
region
for
purposes
of
this
paragraph
shall
provide
a
secure
33
transportation
vehicle
and
shall
employ
staff
that
has
received
34
or
is
receiving
mental
health
training.
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Sec.
22.
Section
229.26,
Code
2025,
is
amended
to
read
as
1
follows:
2
229.26
Exclusive
procedure
for
involuntary
hospitalization.
3
Sections
229.6
through
229.19
constitute
the
exclusive
4
procedure
for
involuntary
hospitalization
of
persons
by
reason
5
of
serious
mental
impairment
,
or
psychiatric
deterioration,
6
in
this
state,
except
that
this
chapter
does
not
negate
the
7
provisions
of
section
904.503
relating
to
transfer
of
prisoners
8
with
mental
illness
to
state
mental
health
institutes
and
9
does
not
apply
to
commitments
of
persons
under
chapter
812
or
10
the
rules
of
criminal
procedure,
Iowa
court
rules,
or
negate
11
the
provisions
of
section
232.51
relating
to
disposition
of
12
children
with
mental
illness.
13
Sec.
23.
Section
229.28,
subsection
1,
unnumbered
paragraph
14
1,
Code
2025,
is
amended
to
read
as
follows:
15
When
a
court
finds
that
the
contention
that
a
respondent
is
16
seriously
mentally
impaired
,
or
is
experiencing
psychiatric
17
deterioration,
has
been
sustained
or
proposes
to
order
18
continued
hospitalization
of
any
person,
or
an
alternative
19
placement,
as
described
under
section
229.14,
subsection
1
,
20
paragraph
“b”
or
“d”
,
and
the
court
is
furnished
evidence
that
21
the
respondent
or
patient
is
eligible
for
care
and
treatment
in
22
a
facility
operated
by
the
United
States
department
of
veterans
23
affairs
or
another
agency
of
the
United
States
government
and
24
that
the
facility
is
willing
to
receive
the
respondent
or
25
patient,
the
court
may
so
order.
26
Sec.
24.
Section
229.31,
Code
2025,
is
amended
to
read
as
27
follows:
28
229.31
Commission
of
inquiry.
29
A
sworn
complaint,
alleging
that
a
named
person
is
not
30
seriously
mentally
impaired
or
experiencing
psychiatric
31
deterioration,
and
is
unjustly
deprived
of
liberty
in
any
32
hospital
in
the
state,
may
be
filed
by
any
person
with
the
33
clerk
of
the
district
court
of
the
county
in
which
such
named
34
person
is
so
confined,
or
of
the
county
in
which
such
named
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person
is
a
resident.
Upon
receiving
the
complaint,
a
judge
1
of
that
court
shall
appoint
a
commission
of
not
more
than
2
three
persons
to
inquire
into
the
truth
of
the
allegations.
3
One
of
the
commissioners
shall
be
a
physician
and
if
4
additional
commissioners
are
appointed,
one
of
the
additional
5
commissioners
shall
be
a
lawyer.
6
Sec.
25.
Section
229.33,
Code
2025,
is
amended
to
read
as
7
follows:
8
229.33
Hearing.
9
If,
on
such
report
and
statement,
and
the
hearing
of
10
testimony
if
any
is
offered,
the
judge
shall
find
that
11
such
person
is
not
seriously
mentally
impaired
,
and
is
not
12
experiencing
psychiatric
deterioration
,
the
judge
shall
order
13
the
person’s
discharge;
if
the
contrary,
the
judge
shall
so
14
state,
and
authorize
the
continued
detention
of
the
person,
15
subject
to
all
applicable
requirements
of
this
chapter
.
16
Sec.
26.
Section
229.37,
Code
2025,
is
amended
to
read
as
17
follows:
18
229.37
Habeas
corpus.
19
All
persons
confined
as
seriously
mentally
impaired
,
or
as
20
experiencing
psychiatric
deterioration,
shall
be
entitled
to
21
the
benefit
of
the
writ
of
habeas
corpus,
and
the
question
22
of
serious
mental
impairment
,
or
psychiatric
deterioration,
23
shall
be
decided
at
the
hearing.
If
the
judge
shall
decide
24
that
the
person
is
seriously
mentally
impaired
,
or
experiencing
25
psychiatric
deterioration
,
such
decision
shall
be
no
bar
to
the
26
issuing
of
the
writ
a
second
time,
whenever
it
shall
be
alleged
27
that
such
person
is
no
longer
seriously
mentally
impaired
or
28
experiencing
psychiatric
deterioration
.
29
Sec.
27.
Section
602.8102,
subsection
41,
Code
2025,
is
30
amended
to
read
as
follows:
31
41.
Carry
out
duties
relating
to
the
involuntary
commitment
32
of
persons
with
mental
impairments
commitments
as
provided
in
33
chapter
125
and
involuntary
hospitalizations
as
provided
in
34
chapter
229
.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
orders
for
treatment
of
persons
4
experiencing
psychiatric
deterioration.
5
Under
current
law,
a
court
may
order
the
treatment
of
a
6
person
if
the
court
finds
by
clear
and
convincing
evidence
7
that
the
person
is
seriously
mentally
impaired.
The
bill
8
allows
a
court
to
also
order
the
treatment
of
a
person
if
9
the
court
finds
by
clear
and
convincing
evidence
that
the
10
person
is
experiencing
psychiatric
deterioration.
The
bill
11
defines
“psychiatric
deterioration”
as
a
deterioration
of
12
a
person’s
mental
health
such
that
based
on
that
person’s
13
history
the
person
is
unlikely
to
seek
treatment,
the
person
14
is
unable
to
understand
the
need
to
treat
the
person’s
mental
15
health
condition,
and,
within
a
reasonable
degree
of
medical
16
certainty,
the
person
is
likely
to
continue
to
deteriorate
17
until
they
have
a
serious
mental
impairment
unless
they
receive
18
treatment.
19
The
bill
makes
conforming
changes
to
Code
sections
125.75
20
(substance
abuse
disorders
——
application),
218.46
(scientific
21
investigation),
225.11
(psychiatric
hospital
——
initiating
22
commitment
procedures),
and
602.8102
(clerk
of
district
court
23
——
general
duties)
and
Code
chapter
229
(hospitalization
of
24
persons
with
mental
illness).
25
-14-
LSB
1763YH
(6)
91
dg/ko
14/
14