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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
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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.
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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
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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
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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
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