Bill Text: IA HF319 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act authorizing mental health professionals to perform certain functions relating to persons with substance-related disorders and persons with mental illness. (See HF 593.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-22 - Withdrawn. H.J. 754. [HF319 Detail]
Download: Iowa-2017-HF319-Introduced.html
House File 319 - Introduced HOUSE FILE BY HEATON A BILL FOR 1 An Act authorizing mental health professionals to perform 2 certain functions relating to persons with substance=related 3 disorders and persons with mental illness. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1723YH (6) 87 tr/rh PAG LIN 1 1 Section 1. Section 125.2, Code 2017, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 10A. "Mental health professional" means the 1 4 same as defined in section 228.1. 1 5 Sec. 2. Section 125.12, subsection 3, Code 2017, is amended 1 6 to read as follows: 1 7 3. The director shall provide for adequate and appropriate 1 8 treatment for persons with substance=related disorders and 1 9 concerned family members admitted under sections 125.33 and 1 10 125.34, or under section 125.75, 125.81, or 125.91. Treatment 1 11 shall not be provided at a correctional institution except 1 12 for inmates. A mental health professional, as defined in 1 13 section 228.1,who is employed by a treatment provider under 1 14 the program may provide treatment to a person with co=occurring 1 15 substance=related and mental health disorders. Such treatment 1 16 may also be provided by a person employed by such a treatment 1 17 provider who is receiving the supervision required to meet the 1 18 definition of mental health professional but has not completed 1 19 the supervision component. 1 20 Sec. 3. Section 125.33, subsections 1 and 3, Code 2017, are 1 21 amended to read as follows: 1 22 1. A person with a substance=related disorder may apply for 1 23 voluntary treatment or rehabilitation services directly to a 1 24 facility or to a licensed physician and surgeon or osteopathic 1 25 physician and surgeon or to a mental health professional. If 1 26 the proposed patient is a minor or an incompetent person, a 1 27 parent, a legal guardian or other legal representative may 1 28 make the application. The licensed physician and surgeon or 1 29 osteopathic physician and surgeon, mental health professional, 1 30 or any employee or person acting under the direction or 1 31 supervision of the physician and surgeon or osteopathic 1 32 physician and surgeon, mental health professional, orthe1 33 facility shall not report or disclose the name of the person or 1 34 the fact that treatment was requested or has been undertaken 1 35 to any law enforcement officer or law enforcement agency; nor 2 1 shall such information be admissible as evidence in any court, 2 2 grand jury, or administrative proceeding unless authorized 2 3 by the person seeking treatment. If the person seeking such 2 4 treatment or rehabilitation is a minor who has personally made 2 5 application for treatment, the fact that the minor sought 2 6 treatment or rehabilitation or is receiving treatment or 2 7 rehabilitation services shall not be reported or disclosed to 2 8 the parents or legal guardian of such minor without the minor's 2 9 consent, and the minor may give legal consent to receive such 2 10 treatment and rehabilitation. 2 11 3. A person with a substance=related disorder seeking 2 12 treatment or rehabilitation and who is either addicted or 2 13 dependent on a chemical substance may first be examined and 2 14 evaluated by a licensed physician and surgeon or osteopathic 2 15 physician and surgeon or a mental health professional who may 2 16 prescribe, if authorized or licensed to do so, a proper course 2 17 of treatment and medication, if needed. The licensed physician 2 18 and surgeon or osteopathic physician and surgeon or mental 2 19 health professional may further prescribe a course of treatment 2 20 or rehabilitation and authorize another licensed physician and 2 21 surgeon or osteopathic physician and surgeon, mental health 2 22 professional, or facility to provide the prescribed treatment 2 23 or rehabilitation services. Treatment or rehabilitation 2 24 services may be provided to a person individually or in 2 25 a group. A facility providing or engaging in treatment 2 26 or rehabilitation shall not report or disclose to a law 2 27 enforcement officer or law enforcement agency the name of any 2 28 person receiving or engaged in the treatment or rehabilitation; 2 29 nor shall a person receiving or participating in treatment or 2 30 rehabilitation report or disclose the name of any other person 2 31 engaged in or receiving treatment or rehabilitation or that the 2 32 program is in existence, to a law enforcement officer or law 2 33 enforcement agency. Such information shall not be admitted 2 34 in evidence in any court, grand jury, or administrative 2 35 proceeding. However, a person engaged in or receiving 3 1 treatment or rehabilitation may authorize the disclosure of the 3 2 person's name and individual participation. 3 3 Sec. 4. Section 125.34, subsections 3 and 7, Code 2017, are 3 4 amended to read as follows: 3 5 3. A person who arrives at a facility and voluntarily 3 6 submits to examination shall be examined by a licensed 3 7 physician or mental health professional as soon as possible 3 8 after the person arrives at the facility. The person 3 9 may then be admitted as a patient or referred to another 3 10 health facility. The referring facility shall arrange for 3 11 transportation. 3 12 7. A licensed physician and surgeon or osteopathic 3 13 physician and surgeon, mental health professional, facility 3 14 administrator, or an employee or a person acting as or on 3 15 behalf of the facility administrator, is not criminally or 3 16 civilly liable for acts in conformity with this chapter, unless 3 17 the acts constitute willful malice or abuse. 3 18 Sec. 5. Section 125.75, subsection 2, paragraph c, 3 19 subparagraph (1), Code 2017, is amended to read as follows: 3 20 (1) A written statement of a licensed physician or mental 3 21 health professional in support of the application. 3 22 Sec. 6. Section 125.78, subsection 3, paragraph b, Code 3 23 2017, is amended to read as follows: 3 24 b. Requiring an examination of the respondent, prior to 3 25 the hearing, by one or more licensed physicians or mental 3 26 health professionals who shall submit a written report of the 3 27 examination to the court as required by section 125.80. 3 28 Sec. 7. Section 125.80, Code 2017, is amended to read as 3 29 follows: 3 30 125.80 Physician's or mental health professional's 3 31 examination == report == scheduling of hearing. 3 32 1. a. An examination of the respondent shall be conducted 3 33 within a reasonable time and prior to the commitment hearing by 3 34 one or more licensed physicians or mental health professionals 3 35 as required by the court's order. If the respondent is taken 4 1 into custody under section 125.81, the examination shall be 4 2 conducted within twenty=four hours after the respondent is 4 3 taken into custody. If the respondent desires, the respondent 4 4 may have a separate examination by a licensed physician or 4 5 mental health professional of the respondent's own choice. 4 6 The court shall notify the respondent of the right to choose 4 7 a licensed physician or mental health professional for a 4 8 separate examination. The reasonable cost of the examinations 4 9 shall be paid from county funds upon order of the court if the 4 10 respondent lacks sufficient funds to pay the cost. 4 11 b. A licensed physician or mental health professional 4 12 conducting an examination pursuant to this section may consult 4 13 with or request the participation in the examination of 4 14 facility personnel, and may include with or attach to the 4 15 written report of the examination any findings or observations 4 16 by facility personnel who have been consulted or have 4 17 participated in the examination. 4 18 c. If the respondent is not taken into custody under 4 19 section 125.81, but the court is subsequently informed that the 4 20 respondent has declined to be examined by a licensed physician 4 21 or mental health professional pursuant to the court order, 4 22 the court may order limited detention of the respondent as 4 23 necessary to facilitate the examination of the respondent by 4 24 the licensed physician or mental health professional. 4 25 2. A written report of the examination by a court=designated 4 26 licensed physician or mental health professional shall be filed 4 27 with the clerk prior to the hearing date. A written report 4 28 of an examination by a licensed physician or mental health 4 29 professional chosen by the respondent may be similarly filed. 4 30 The clerk shall immediately: 4 31 a. Cause a report to be shown to the judge who issued the 4 32 order. 4 33 b. Cause the respondent's attorney to receive a copy of 4 34 the report of a court=designated licensed physician or mental 4 35 health professional. 5 1 3. If the report of a court=designated licensed physician or 5 2 mental health professional is to the effect that the respondent 5 3 is not a person with a substance=related disorder, the court, 5 4 without taking further action, may terminate the proceeding and 5 5 dismiss the application on its own motion and without notice. 5 6 4. If the report of a court=designated licensed physician or 5 7 mental health professional is to the effect that the respondent 5 8 is a person with a substance=related disorder, the court shall 5 9 schedule a commitment hearing as soon as possible. The hearing 5 10 shall be held not more than forty=eight hours after the report 5 11 is filed, excluding Saturdays, Sundays, and holidays, unless 5 12 an extension for good cause is requested by the respondent, 5 13 or as soon thereafter as possible if the court considers that 5 14 sufficient grounds exist for delaying the hearing. 5 15 Sec. 8. Section 125.82, subsection 3, Code 2017, is amended 5 16 to read as follows: 5 17 3. The person who filed the application and a licensed 5 18 physician, mental health professionalas defined in section 5 19 228.1, or certified alcohol and drug counselor certified by the 5 20 nongovernmental Iowa board of substance abuse certification who 5 21 has examined the respondent in connection with the commitment 5 22 hearing shall be present at the hearing, unless the court 5 23 for good cause finds that their presence or testimony is not 5 24 necessary. The applicant, respondent, and the respondent's 5 25 attorney may waive the presence or telephonic appearance of the 5 26 licensed physician, mental health professional, or certified 5 27 alcohol and drug counselor who examined the respondent and 5 28 agree to submit as evidence the written report of the licensed 5 29 physician, mental health professional, or certified alcohol 5 30 and drug counselor. The respondent's attorney shall inform 5 31 the court if the respondent's attorney reasonably believes 5 32 that the respondent, due to diminished capacity, cannot make 5 33 an adequately considered waiver decision. "Good cause" for 5 34 finding that the testimony of the licensed physician, mental 5 35 health professional, or certified alcohol and drug counselor 6 1 who examined the respondent is not necessary may include, but 6 2 is not limited to, such a waiver. If the court determines 6 3 that the testimony of the licensed physician, mental health 6 4 professional, or certified alcohol and drug counselor is 6 5 necessary, the court may allow the licensed physician, mental 6 6 health professional, or certified alcohol and drug counselor to 6 7 testify by telephone. The respondent shall be present at the 6 8 hearing unless prior to the hearing the respondent's attorney 6 9 stipulates in writing that the attorney has conversed with the 6 10 respondent, and that in the attorney's judgment the respondent 6 11 cannot make a meaningful contribution to the hearing, or that 6 12 the respondent has waived the right to be present, and the 6 13 basis for the attorney's conclusions. A stipulation to the 6 14 respondent's absence shall be reviewed by the court before the 6 15 hearing, and may be rejected if it appears that insufficient 6 16 grounds are stated or that the respondent's interests would not 6 17 be served by the respondent's absence. 6 18 Sec. 9. Section 125.86, subsection 3, paragraph b, Code 6 19 2017, is amended to read as follows: 6 20 b. An advanced registered nurse practitioner who is 6 21 not certified as a psychiatric advanced registered nurse 6 22 practitioner but who meets the qualificationsset forth in the 6 23 definitionof a mental health professionalin section 228.1,6 24 may complete periodic reports pursuant to paragraph "a". 6 25 Sec. 10. Section 125.91, subsection 3, Code 2017, is amended 6 26 to read as follows: 6 27 3. The attending physician shall examine and may detain 6 28 the person pursuant to the magistrate's order for a period not 6 29 to exceed forty=eight hours from the time the order is dated, 6 30 excluding Saturdays, Sundays, and holidays, unless the order is 6 31 dismissed by a magistrate. The facility may provide treatment 6 32 which is necessary to preserve the person's life or to 6 33 appropriately control the person's behavior if the behavior is 6 34 likely to result in physical injury to the person or others if 6 35 allowed to continue or is otherwise deemed medically necessary 7 1 by the attending physician or mental health professional, 7 2 but shall not otherwise provide treatment to the person 7 3 without the person's consent. The person shall be discharged 7 4 from the facility and released from detention no later than 7 5 the expiration of the forty=eight=hour period, unless an 7 6 application for involuntary commitment is filed with the clerk 7 7 pursuant to section 125.75. The detention of a person by the 7 8 procedure in this section, and not in excess of the period of 7 9 time prescribed by this section, shall not render the peace 7 10 officer, attending physician, or facility detaining the person 7 11 liable in a criminal or civil action for false arrest or false 7 12 imprisonment if the peace officer, attending physician, mental 7 13 health professional, or facility had reasonable grounds to 7 14 believe that the circumstances described in subsection 1 were 7 15 applicable. 7 16 Sec. 11. Section 125.92, subsection 4, Code 2017, is amended 7 17 to read as follows: 7 18 4. Enjoy all legal, medical, religious, social, political, 7 19 personal, and working rights and privileges, which the person 7 20 would enjoy if not detained, taken into immediate custody, 7 21 or committed, consistent with the effective treatment of the 7 22 person and of the other persons in the facility. If the 7 23 person's rights are restricted, the physician's or mental 7 24 health professional's direction to that effect shall be noted 7 25 in the person's record. The person or the person's next of 7 26 kin or guardian shall be advised of the person's rights and 7 27 be provided a written copy upon the person's admission to or 7 28 arrival at the facility. 7 29 Sec. 12. Section 229.6, subsection 2, paragraph c, 7 30 subparagraph (1), Code 2017, is amended to read as follows: 7 31 (1) A written statement of a licensed physician or mental 7 32 health professional in support of the application. 7 33 Sec. 13. Section 229.8, subsection 3, paragraph b, Code 7 34 2017, is amended to read as follows: 7 35 b. Order an examination of the respondent, prior to 8 1 the hearing, by one or more licensed physicians or mental 8 2 health professionals who shall submit a written report on the 8 3 examination to the court as required by section 229.10. 8 4 Sec. 14. Section 229.10, Code 2017, is amended to read as 8 5 follows: 8 6 229.10 Physicians' or mental health professionals' 8 7 examination == report. 8 8 1. a. An examination of the respondent shall be 8 9 conducted by one or more licensed physicians or mental health 8 10 professionals, as required by the court's order, within a 8 11 reasonable time. If the respondent is detained pursuant to 8 12 section 229.11, subsection 1, paragraph "b", the examination 8 13 shall be conducted within twenty=four hours. If the respondent 8 14 is detained pursuant to section 229.11, subsection 1, 8 15 paragraph "a" or "c", the examination shall be conducted 8 16 within forty=eight hours. If the respondent so desires, 8 17 the respondent shall be entitled to a separate examination 8 18 by a licensed physician or mental health professional of 8 19 the respondent's own choice. The reasonable cost of the 8 20 examinations shall, if the respondent lacks sufficient funds to 8 21 pay the cost, be paid by the regional administrator from mental 8 22 health and disability services region funds upon order of the 8 23 court. 8 24 b. Any licensed physician or mental health professional 8 25 conducting an examination pursuant to this section may consult 8 26 with or request the participation in the examination of any 8 27 consulting mental health professional, and may include with or 8 28 attach to the written report of the examination any findings 8 29 or observations by any consulting mental health professional 8 30 who hasbeen so consulted or has soparticipated in the 8 31 examination. 8 32 c. If the respondent is not taken into custody under 8 33 section 229.11, but the court is subsequently informed that 8 34 the respondent has declined to be examined bytheone or more 8 35 licensedphysician orphysicians or mental health professionals 9 1 pursuant to the court order, the court may order such limited 9 2 detention of the respondent as is necessary to facilitate the 9 3 examination of the respondent bytheone or more licensed 9 4physician orphysicians or mental health professionals. 9 5 2. A written report of the examination bytheone or more 9 6 court=designatedphysician orphysicians or mental health 9 7 professionals shall be filed with the clerk prior to the time 9 8 set for hearing. A written report of any examination by a 9 9 physician chosen by the respondent may be similarly filed. The 9 10 clerk shall immediately do all of the following: 9 11 a. Cause the report or reports to be shown to the judge who 9 12 issued the order; and. 9 13 b. Cause the respondent's attorney to receive a copy of 9 14 the reportof the court=designated physician or physiciansor 9 15 reports. 9 16 3. If the report of one or more of the court=designated 9 17physician orphysicians or mental health professionals is 9 18 to the effect that the individual is not seriously mentally 9 19 impaired, the court may without taking further action terminate 9 20 the proceeding and dismiss the application on its own motion 9 21 and without notice. 9 22 4. If the report of one or more of the court=designated 9 23physician orphysicians or mental health professionals is 9 24 to the effect that the respondent is seriously mentally 9 25 impaired, the court shall schedule a hearing on the application 9 26 as soon as possible. The hearing shall be held not more 9 27 than forty=eight hours after the report is filed, excluding 9 28 Saturdays, Sundays and holidays, unless an extension for good 9 29 cause is requested by the respondent, or as soon thereafter as 9 30 possible if the court considers that sufficient grounds exist 9 31 for delaying the hearing. 9 32 Sec. 15. Section 229.22, subsection 2, paragraph a, 9 33 subparagraphs (2), (3), (4), and (5), Code 2017, are amended 9 34 to read as follows: 9 35 (2) Upon delivery of the person believed mentally ill to 10 1 the facility or hospital, the examining physician, examining 10 2 physician assistant, examining mental health professional, or 10 3 examining psychiatric advanced registered nurse practitioner 10 4 may order treatment of that person, including chemotherapy, 10 5 but only to the extent necessary to preserve the person's life 10 6 or to appropriately control behavior by the person which is 10 7 likely to result in physical injury to that person or others 10 8 if allowed to continue. 10 9 (3) The peace officer who took the person into custody, 10 10 or other party who brought the person to the facility or 10 11 hospital, shall describe the circumstances of the matter to the 10 12 examining physician, examining physician assistant, examining 10 13 mental health professional, or examining psychiatric advanced 10 14 registered nurse practitioner. If the person is a peace 10 15 officer, the peace officer may do so either in person or by 10 16 written report. 10 17 (4) If the examining physician, examining physician 10 18 assistant, examining mental health professional, or examining 10 19 psychiatric advanced registered nurse practitioner finds 10 20 that there is reason to believe that the person is seriously 10 21 mentally impaired, and because of that impairment is likely 10 22 to physically injure the person's self or others if not 10 23 immediately detained, the examining physician, examining 10 24 physician assistant, examining mental health professional, or 10 25 examining psychiatric advanced registered nurse practitioner 10 26 shall at once communicate with the nearest available magistrate 10 27 as defined in section 801.4, subsection 10. 10 28 (5) The magistrate shall, based upon the circumstances 10 29 described by the examining physician, examining physician 10 30 assistant, examining mental health professional, or examining 10 31 psychiatric advanced registered nurse practitioner, give the 10 32 examining physician, examining physician assistant, examining 10 33 mental health professional, or examining psychiatric advanced 10 34 registered nurse practitioner oral instructions either 10 35 directing that the person be released forthwith or authorizing 11 1 the person's detention in an appropriate facility. A peace 11 2 officer from the law enforcement agency that took the person 11 3 into custody, if available, during the communication with the 11 4 magistrate, may inform the magistrate that an arrest warrant 11 5 has been issued for or charges are pending against the person 11 6 and request that any oral or written order issued under this 11 7 subsection require the facility or hospital to notify the law 11 8 enforcement agency about the discharge of the person prior to 11 9 discharge. The magistrate may also give oral instructions and 11 10 order that the detained person be transported to an appropriate 11 11 facility. 11 12 Sec. 16. Section 229.22, subsection 3, Code 2017, is amended 11 13 to read as follows: 11 14 3. The chief medical officer of the facility or hospital 11 15 shall examine and may detain and care for the person taken 11 16 into custody under the magistrate's order for a period not to 11 17 exceed forty=eight hours from the time such order is dated, 11 18 excluding Saturdays, Sundays and holidays, unless the order is 11 19 sooner dismissed by a magistrate. The facility or hospital may 11 20 provide treatment which is necessary to preserve the person's 11 21 life, or to appropriately control behavior by the person 11 22 which is likely to result in physical injury to the person's 11 23 self or others if allowed to continue, but may not otherwise 11 24 provide treatment to the person without the person's consent. 11 25 The person shall be discharged from the facility or hospital 11 26 and released from custody not later than the expiration of 11 27 that period, unless an application is sooner filed with the 11 28 clerk pursuant to section 229.6. Prior to such discharge the 11 29 facility or hospital shall, if required by this section, notify 11 30 the law enforcement agency requesting such notification about 11 31 the discharge of the person. The law enforcement agency shall 11 32 retrieve the person no later than six hours after notification 11 33 from the facility or hospital but in no circumstances shall the 11 34 detention of the person exceed the period of time prescribed 11 35 for detention by this subsection. The detention of any person 12 1 by the procedure and not in excess of the period of time 12 2 prescribed by this section shall not render the peace officer, 12 3 physician, mental health professional, facility, or hospital 12 4 so detaining that person liable in a criminal or civil action 12 5 for false arrest or false imprisonment if the peace officer, 12 6 physician, mental health professional, facility, or hospital 12 7 had reasonable grounds to believe the person so detained was 12 8 mentally ill and likely to physically injure the person's self 12 9 or others if not immediately detained, or if the facility 12 10 or hospital was required to notify a law enforcement agency 12 11 by this section, and the law enforcement agency requesting 12 12 notification prior to discharge retrieved the person no later 12 13 than six hours after the notification, and the detention prior 12 14 to the retrieval of the person did not exceed the period of 12 15 time prescribed for detention by this subsection. 12 16 Sec. 17. Section 229.23, subsection 3, Code 2017, is amended 12 17 to read as follows: 12 18 3. In addition to protection of the person's constitutional 12 19 rights, enjoyment of other legal, medical, religious, social, 12 20 political, personal and working rights and privileges which 12 21 the person would enjoy if the person were not so hospitalized 12 22 or detained, so far as is possible consistent with effective 12 23 treatment of that person and of the other patients of the 12 24 hospital. If the patient's rights are restricted, the 12 25 physician's or mental health professional's direction to 12 26 that effect shall be noted on the patient's record. The 12 27 department of human services shall, in accordance with chapter 12 28 17A establish rules setting forth the specific rights and 12 29 privileges to which persons so hospitalized or detained are 12 30 entitled under this section, and the exceptions provided by 12 31 section 17A.2, subsection 11, paragraphs "a" and "k", shall not 12 32 be applicable to the rules so established. The patient or the 12 33 patient's next of kin or friend shall be advised of these rules 12 34 and be provided a written copy upon the patient's admission to 12 35 or arrival at the hospital. 13 1 Sec. 18. Section 229.25, subsection 1, paragraph a, 13 2 subparagraph (1), Code 2017, is amended to read as follows: 13 3 (1) The information is requested by a licensed physician or 13 4 mental health professional, attorney, or advocate who provides 13 5 the chief medical officer with a written waiver signed by the 13 6 person about whom the information is sought. 13 7 EXPLANATION 13 8 The inclusion of this explanation does not constitute agreement with 13 9 the explanation's substance by the members of the general assembly. 13 10 This bill allows mental health professionals to perform 13 11 examinations, treat and prescribe treatment or medication, if 13 12 authorized to do so, and submit written statements and reports 13 13 as required or ordered by a court in accordance with certain 13 14 voluntary and involuntary hospitalization and commitment 13 15 proceedings for persons with a substance=related disorder or 13 16 serious mental illness. 13 17 A mental health professional is defined in Code section 13 18 228.1 as an individual who either holds at least a master's 13 19 degree in a mental health field, a current license in this 13 20 state if practicing a licensed profession, and has at least two 13 21 years of post=degree clinical experience under the supervision 13 22 of another mental health professional assessing mental health 13 23 needs and providing appropriate mental health services; or the 13 24 individual holds a current license in this state if practicing 13 25 a licensed profession and is a psychiatrist, a licensed 13 26 advanced registered nurse practitioner who holds a national 13 27 certification in psychiatric mental health care, a physician 13 28 assistant practicing under the supervision of a psychiatrist, 13 29 or is licensed by the board of psychology and holds a doctorate 13 30 degree in psychology. 13 31 The bill allows a mental health professional to examine a 13 32 person when it appears that the person should be immediately 13 33 detained due to a serious mental impairment but an application 13 34 has not been filed naming the person as the respondent and the 13 35 person cannot be ordered into immediate custody and detained or 14 1 when necessary to preserve the person's life or appropriately 14 2 control the person's behavior if physical injury to the 14 3 person or others is likely. The bill excludes mental health 14 4 professionals from liability for detaining a person in this 14 5 situation. 14 6 The bill excludes mental health professionals from civil or 14 7 criminal liability for the professional's role in admitting a 14 8 person to a facility or hospital or providing treatment to a 14 9 person. LSB 1723YH (6) 87 tr/rh
