Bill Text: IA HF722 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the voluntary or involuntary commitment or hospitalization of a person with a serious mental impairment or a substance-related disorder. (Formerly HF 619.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2019-04-04 - Referred to Human Resources. H.J. 755. [HF722 Detail]
Download: Iowa-2019-HF722-Introduced.html
House
File
722
-
Introduced
HOUSE
FILE
722
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
HF
619)
A
BILL
FOR
An
Act
relating
to
the
voluntary
or
involuntary
commitment
or
1
hospitalization
of
a
person
with
a
serious
mental
impairment
2
or
a
substance-related
disorder.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
125.33,
Code
2019,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
5A.
If
a
patient
leaves
a
facility,
3
with
or
against
the
advice
of
the
administrator
in
charge
of
4
the
facility,
the
facility
shall
provide
the
patient
with
5
a
discharge
report
which
shall
include
the
patient’s
name
6
and
address,
all
postdischarge
appointments
scheduled
for
7
the
patient,
and
all
information
necessary
for
the
patient’s
8
postdischarge
care.
9
Sec.
2.
Section
125.74,
Code
2019,
is
amended
to
read
as
10
follows:
11
125.74
Preapplication
screening
assessment
——
program.
12
Prior
to
filing
an
application
pursuant
to
section
125.75
,
13
the
clerk
of
the
district
court
or
the
clerk’s
designee
shall
14
inform
the
interested
person
referred
to
in
section
125.75
15
about
the
option
of
requesting
a
preapplication
screening
16
assessment
through
a
preapplication
screening
assessment
17
program,
which
may
include
a
preapplication
screening
18
assessment
delivered
through
telehealth,
if
available.
The
19
state
court
administrator
shall
prescribe
practices
and
20
procedures
for
implementation
of
the
preapplication
screening
21
assessment
program.
22
Sec.
3.
Section
125.85,
Code
2019,
is
amended
by
adding
the
23
following
new
subsection:
24
NEW
SUBSECTION
.
3A.
Prior
to
a
respondent’s
discharge
from
25
a
facility
or
from
treatment,
the
administrator
of
the
facility
26
shall
provide
a
discharge
report
to
the
respondent
which
shall
27
include
the
respondent’s
name
and
address,
all
postdischarge
28
appointments
scheduled
for
the
respondent,
and
all
information
29
necessary
for
the
respondent’s
postdischarge
care.
30
Sec.
4.
Section
125.89,
subsection
1,
Code
2019,
is
amended
31
to
read
as
follows:
32
1.
If
a
court
orders
a
respondent
placed
at
a
facility
33
for
evaluation
and
treatment
under
section
125.83
at
a
time
34
when
the
respondent
has
been
convicted
of
a
public
offense,
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or
when
there
is
pending
against
the
respondent
an
unresolved
1
formal
charge
of
a
public
offense,
and
the
respondent’s
liberty
2
has
therefore
been
restricted
in
any
manner,
the
findings
of
3
fact
required
by
section
125.83
shall
clearly
so
inform
the
4
administrator
of
the
facility
where
the
respondent
is
placed.
5
The
court
may
order
the
facility
to
notify
the
appropriate
law
6
enforcement
agency
prior
to
the
discharge
or
transfer
of
the
7
respondent
from
the
facility.
8
Sec.
5.
Section
125.91,
subsection
2,
paragraphs
a
and
b,
9
Code
2019,
are
amended
to
read
as
follows:
10
a.
A
peace
officer
who
has
reasonable
grounds
to
believe
11
that
the
circumstances
described
in
subsection
1
are
applicable
12
may,
without
a
warrant,
take
or
cause
that
person
to
be
taken
13
to
the
nearest
available
facility
referred
to
in
section
14
125.81,
subsection
2
,
paragraph
“b”
or
“c”
.
Such
a
person
15
with
a
substance-related
disorder
due
to
intoxication
or
16
substance-induced
incapacitation
who
also
demonstrates
a
17
significant
degree
of
distress
or
dysfunction
may
also
be
18
delivered
to
a
facility
by
someone
other
than
a
peace
officer
19
upon
a
showing
of
reasonable
grounds.
Upon
delivery
of
20
the
person
to
a
facility
under
this
section
,
the
attending
21
physician
and
surgeon
or
osteopathic
physician
and
surgeon
22
may
order
treatment
of
the
person,
but
only
to
the
extent
23
necessary
to
preserve
the
person’s
life
or
to
appropriately
24
control
the
person’s
behavior
if
the
behavior
is
likely
to
25
result
in
physical
injury
to
the
person
or
others
if
allowed
to
26
continue.
The
peace
officer
or
other
person
who
delivered
the
27
person
to
the
facility
shall
describe
the
circumstances
of
the
28
matter
to
the
attending
physician
and
surgeon
or
osteopathic
29
physician
and
surgeon.
If
the
person
is
a
peace
officer,
30
the
peace
officer
may
do
so
either
in
person
or
by
written
31
report.
If
the
attending
physician
and
surgeon
or
osteopathic
32
physician
and
surgeon
has
reasonable
grounds
to
believe
that
33
the
circumstances
in
subsection
1
are
applicable,
the
attending
34
physician
shall
at
once
communicate
with
the
nearest
available
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magistrate
as
defined
in
section
801.4,
subsection
10
.
The
1
magistrate
shall,
based
upon
the
circumstances
described
by
2
the
attending
physician
and
surgeon
or
osteopathic
physician
3
and
surgeon,
give
the
attending
physician
and
surgeon
or
4
osteopathic
physician
and
surgeon
oral
instructions
either
5
directing
that
the
person
be
released
forthwith,
or
authorizing
6
the
person’s
detention
in
an
appropriate
facility.
A
peace
7
officer
from
the
law
enforcement
agency
that
took
the
person
8
into
custody,
if
available,
during
the
communication
with
the
9
magistrate,
may
inform
the
magistrate
that
an
arrest
warrant
10
has
been
issued
for
or
charges
are
pending
against
the
person
11
and
request
that
any
oral
or
written
order
issued
under
this
12
subsection
require
the
facility
to
notify
the
law
enforcement
13
agency
about
the
discharge
or
transfer
of
the
person
prior
to
14
the
discharge
or
transfer.
The
magistrate
may
also
give
oral
15
instructions
and
order
that
the
detained
person
be
transported
16
to
an
appropriate
facility.
17
b.
If
the
magistrate
orders
that
the
person
be
detained,
the
18
magistrate
shall,
by
the
close
of
business
on
the
next
working
19
day,
file
a
written
order
with
the
clerk
in
the
county
where
it
20
is
anticipated
that
an
application
may
be
filed
under
section
21
125.75
.
The
order
may
be
filed
by
facsimile
if
necessary.
A
22
peace
officer
from
the
law
enforcement
agency
that
took
the
23
person
into
custody,
if
no
request
was
made
under
paragraph
24
“a”
,
may
inform
the
magistrate
that
an
arrest
warrant
has
25
been
issued
for
or
charges
are
pending
against
the
person
and
26
request
that
any
written
order
issued
under
this
paragraph
27
require
the
facility
to
notify
the
law
enforcement
agency
28
about
the
discharge
or
transfer
of
the
person
prior
to
the
29
discharge
or
transfer.
The
order
shall
state
the
circumstances
30
under
which
the
person
was
taken
into
custody
or
otherwise
31
brought
to
a
facility
and
the
grounds
supporting
the
finding
32
of
probable
cause
to
believe
that
the
person
is
a
person
with
a
33
substance-related
disorder
likely
to
result
in
physical
injury
34
to
the
person
or
others
if
not
detained.
The
order
shall
also
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include
any
law
enforcement
agency
notification
requirements
if
1
applicable.
The
order
shall
confirm
the
oral
order
authorizing
2
the
person’s
detention
including
any
order
given
to
transport
3
the
person
to
an
appropriate
facility.
A
peace
officer
from
4
the
law
enforcement
agency
that
took
the
person
into
custody
5
may
also
request
an
order,
separate
from
the
written
order,
6
requiring
the
facility
to
notify
the
law
enforcement
agency
7
about
the
discharge
or
transfer
of
the
person
prior
to
the
8
discharge
or
transfer.
The
clerk
shall
provide
a
copy
of
that
9
order
to
the
attending
physician
and
surgeon
or
osteopathic
10
physician
and
surgeon
at
the
facility
to
which
the
person
was
11
originally
taken,
any
subsequent
facility
to
which
the
person
12
was
transported,
and
to
any
law
enforcement
department
or
13
ambulance
service
that
transported
the
person
pursuant
to
the
14
magistrate’s
order.
15
Sec.
6.
Section
125.91,
subsection
3,
Code
2019,
is
amended
16
to
read
as
follows:
17
3.
The
attending
physician
and
surgeon
or
osteopathic
18
physician
and
surgeon
shall
examine
and
may
detain
the
person
19
pursuant
to
the
magistrate’s
order
for
a
period
not
to
exceed
20
forty-eight
seventy-two
hours
from
the
time
the
order
is
dated,
21
excluding
Saturdays,
Sundays,
and
holidays,
unless
the
order
is
22
dismissed
by
a
magistrate.
The
facility
may
provide
treatment
23
which
is
necessary
to
preserve
the
person’s
life
or
to
24
appropriately
control
the
person’s
behavior
if
the
behavior
is
25
likely
to
result
in
physical
injury
to
the
person
or
others
if
26
allowed
to
continue
or
is
otherwise
deemed
medically
necessary
27
by
the
attending
physician
and
surgeon
or
osteopathic
physician
28
and
surgeon
or
mental
health
professional,
but
shall
not
29
otherwise
provide
treatment
to
the
person
without
the
person’s
30
consent.
The
person
shall
be
discharged
from
the
facility
and
31
released
from
detention
no
later
than
the
expiration
of
the
32
forty-eight-hour
seventy-two-hour
period,
unless
an
application
33
for
involuntary
commitment
is
filed
with
the
clerk
pursuant
to
34
section
125.75
.
The
detention
of
a
person
by
the
procedure
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in
this
section
,
and
not
in
excess
of
the
period
of
time
1
prescribed
by
this
section
,
shall
not
render
the
peace
officer,
2
attending
physician
and
surgeon
or
osteopathic
physician
and
3
surgeon,
or
facility
detaining
the
person
liable
in
a
criminal
4
or
civil
action
for
false
arrest
or
false
imprisonment
if
the
5
peace
officer,
attending
physician
and
surgeon
or
osteopathic
6
physician
and
surgeon,
mental
health
professional,
or
facility
7
had
reasonable
grounds
to
believe
that
the
circumstances
8
described
in
subsection
1
were
applicable.
9
Sec.
7.
Section
229.3,
Code
2019,
is
amended
to
read
as
10
follows:
11
229.3
Discharge
of
voluntary
patients.
12
1.
Any
voluntary
patient
who
has
recovered,
or
whose
13
hospitalization
the
chief
medical
officer
of
the
hospital
14
determines
is
no
longer
advisable,
shall
be
discharged.
Any
15
voluntary
patient
may
be
discharged
if
to
do
so
would
in
the
16
judgment
of
the
chief
medical
officer
contribute
to
the
most
17
effective
use
of
the
hospital
in
the
care
and
treatment
of
that
18
patient
and
of
other
persons
with
mental
illness.
19
2.
If
the
chief
medical
officer
of
the
hospital
is
informed
20
that
an
arrest
warrant
has
been
issued
for
or
charges
are
21
pending
against
a
voluntary
patient
of
the
hospital,
the
chief
22
medical
officer
may
notify
the
appropriate
law
enforcement
23
agency
about
the
discharge
of
the
patient
prior
to
the
24
patient’s
discharge.
25
Sec.
8.
Section
229.5A,
Code
2019,
is
amended
to
read
as
26
follows:
27
229.5A
Preapplication
screening
assessment
——
program.
28
Prior
to
filing
an
application
pursuant
to
section
229.6
,
29
the
clerk
of
the
district
court
or
the
clerk’s
designee
shall
30
inform
the
interested
person
referred
to
in
section
229.6,
31
subsection
1
,
about
the
option
of
requesting
a
preapplication
32
screening
assessment
through
a
preapplication
screening
33
assessment
program,
which
may
include
a
preapplication
34
screening
assessment
delivered
through
telehealth,
if
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available.
1
Sec.
9.
Section
229.16,
Code
2019,
is
amended
to
read
as
2
follows:
3
229.16
Discharge
and
termination
of
proceeding.
4
1.
When
the
condition
of
a
patient
who
is
hospitalized
5
pursuant
to
a
report
issued
under
section
229.14,
subsection
1
,
6
paragraph
“b”
,
or
is
receiving
treatment
pursuant
to
a
report
7
issued
under
section
229.14,
subsection
1
,
paragraph
“c”
,
or
is
8
in
full-time
care
and
custody
pursuant
to
a
report
issued
under
9
section
229.14,
subsection
1
,
paragraph
“d”
,
is
such
that
in
10
the
opinion
of
the
chief
medical
officer
the
patient
no
longer
11
requires
treatment
or
care
for
serious
mental
impairment,
the
12
chief
medical
officer
shall
tentatively
discharge
the
patient
13
and
immediately
report
that
fact
to
the
court
which
ordered
the
14
patient’s
hospitalization
or
care
and
custody.
Upon
receiving
15
the
report,
the
court
shall
issue
an
order
confirming
the
16
patient’s
discharge
from
the
hospital
or
from
care
and
custody,
17
as
the
case
may
be,
and
shall
terminate
the
proceedings
18
pursuant
to
which
the
order
was
issued.
Copies
of
the
order
19
shall
be
sent
by
regular
mail
to
the
hospital,
the
patient,
20
and
the
applicant
if
the
applicant
has
filed
a
written
waiver
21
signed
by
the
patient.
22
2.
When
a
patient
who
is
hospitalized
pursuant
to
a
report
23
issued
under
section
229.14,
subsection
1,
paragraph
“b”
,
is
24
receiving
treatment
pursuant
to
a
report
issued
under
section
25
229.14,
subsection
1,
paragraph
“c”
,
or
is
in
full-time
care
26
and
custody
pursuant
to
a
report
issued
under
section
229.14,
27
subsection
1,
paragraph
“d”
,
is
discharged
from
the
hospital
28
or
from
care
and
custody,
the
patient
shall
be
provided
a
29
discharge
report
which
shall
include
the
patient’s
name
and
30
address,
all
postdischarge
appointments
scheduled
for
the
31
patient,
and
all
information
necessary
for
the
patient’s
32
postdischarge
care.
33
Sec.
10.
Section
229.22,
subsection
2,
paragraph
b,
Code
34
2019,
is
amended
to
read
as
follows:
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b.
If
the
magistrate
orders
that
the
person
be
detained,
1
the
magistrate
shall,
by
the
close
of
business
on
the
next
2
working
day,
file
a
written
order
with
the
clerk
in
the
county
3
where
it
is
anticipated
that
an
application
may
be
filed
4
under
section
229.6
.
The
order
may
be
filed
by
facsimile
if
5
necessary.
A
peace
officer
from
the
law
enforcement
agency
6
that
took
the
person
into
custody,
if
no
request
was
made
7
under
paragraph
“a”
,
may
inform
the
magistrate
that
an
arrest
8
warrant
has
been
issued
for
or
charges
are
pending
against
9
the
person
and
request
that
any
written
order
issued
under
10
this
paragraph
require
the
facility
or
hospital
to
notify
the
11
law
enforcement
agency
about
the
discharge
or
transfer
of
the
12
person
prior
to
discharge
or
transfer
.
The
order
shall
state
13
the
circumstances
under
which
the
person
was
taken
into
custody
14
or
otherwise
brought
to
a
facility
or
hospital,
and
the
grounds
15
supporting
the
finding
of
probable
cause
to
believe
that
the
16
person
is
seriously
mentally
impaired
and
likely
to
injure
the
17
person’s
self
or
others
if
not
immediately
detained.
The
order
18
shall
also
include
any
law
enforcement
agency
notification
19
requirements
if
applicable.
The
order
shall
confirm
the
oral
20
order
authorizing
the
person’s
detention
including
any
order
21
given
to
transport
the
person
to
an
appropriate
facility
or
22
hospital.
A
peace
officer
from
the
law
enforcement
agency
23
that
took
the
person
into
custody
may
also
request
an
order,
24
separate
from
the
written
order,
requiring
the
facility
25
or
hospital
to
notify
the
law
enforcement
agency
about
the
26
discharge
or
transfer
of
the
person
prior
to
discharge
or
27
transfer
.
The
clerk
shall
provide
a
copy
of
the
written
order
28
or
any
separate
order
to
the
chief
medical
officer
of
the
29
facility
or
hospital
to
which
the
person
was
originally
taken,
30
to
any
subsequent
facility
to
which
the
person
was
transported,
31
and
to
any
law
enforcement
department,
ambulance
service,
or
32
transportation
service
under
contract
with
a
mental
health
33
and
disability
services
region
that
transported
the
person
34
pursuant
to
the
magistrate’s
order.
A
transportation
service
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that
contracts
with
a
mental
health
and
disability
services
1
region
for
purposes
of
this
paragraph
shall
provide
a
secure
2
transportation
vehicle
and
shall
employ
staff
that
has
received
3
or
is
receiving
mental
health
training.
4
Sec.
11.
Section
229.22,
subsection
2,
paragraph
c,
Code
5
2019,
is
amended
by
adding
the
following
new
subparagraphs:
6
NEW
SUBPARAGRAPH
.
(3)
Notify
the
law
enforcement
agency
7
that
employs
the
peace
officer
by
telephone
prior
to
the
8
transfer
of
the
person
from
the
facility
or
hospital.
9
NEW
SUBPARAGRAPH
.
(4)
Notify
the
law
enforcement
agency
10
that
employs
the
peace
officer
by
electronic
mail
prior
to
the
11
transfer
of
the
person
from
the
facility
or
hospital.
12
Sec.
12.
Section
229.22,
subsection
3,
Code
2019,
is
amended
13
to
read
as
follows:
14
3.
The
chief
medical
officer
of
the
facility
or
hospital
15
shall
examine
and
may
detain
and
care
for
the
person
taken
16
into
custody
under
the
magistrate’s
order
for
a
period
not
17
to
exceed
forty-eight
seventy-two
hours
from
the
time
such
18
order
is
dated,
excluding
Saturdays,
Sundays
and
holidays,
19
unless
the
order
is
sooner
dismissed
by
a
magistrate.
The
20
facility
or
hospital
may
provide
treatment
which
is
necessary
21
to
preserve
the
person’s
life,
or
to
appropriately
control
22
behavior
by
the
person
which
is
likely
to
result
in
physical
23
injury
to
the
person’s
self
or
others
if
allowed
to
continue,
24
but
may
not
otherwise
provide
treatment
to
the
person
without
25
the
person’s
consent.
The
person
shall
be
discharged
from
26
the
facility
or
hospital
and
released
from
custody
not
later
27
than
the
expiration
of
that
period,
unless
an
application
is
28
sooner
filed
with
the
clerk
pursuant
to
section
229.6
.
Prior
29
to
such
discharge
the
facility
or
hospital
shall,
if
required
30
by
this
section
,
notify
the
law
enforcement
agency
requesting
31
such
notification
about
the
discharge
of
the
person.
The
law
32
enforcement
agency
shall
retrieve
the
person
no
later
than
33
six
hours
after
notification
from
the
facility
or
hospital
34
but
in
no
circumstances
shall
the
detention
of
the
person
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exceed
the
period
of
time
prescribed
for
detention
by
this
1
subsection
.
The
detention
of
any
person
by
the
procedure
2
and
not
in
excess
of
the
period
of
time
prescribed
by
this
3
section
shall
not
render
the
peace
officer,
physician,
mental
4
health
professional,
facility,
or
hospital
so
detaining
that
5
person
liable
in
a
criminal
or
civil
action
for
false
arrest
6
or
false
imprisonment
if
the
peace
officer,
physician,
mental
7
health
professional,
facility,
or
hospital
had
reasonable
8
grounds
to
believe
the
person
so
detained
was
mentally
ill
and
9
likely
to
physically
injure
the
person’s
self
or
others
if
10
not
immediately
detained,
or
if
the
facility
or
hospital
was
11
required
to
notify
a
law
enforcement
agency
by
this
section
,
12
and
the
law
enforcement
agency
requesting
notification
prior
to
13
discharge
retrieved
the
person
no
later
than
six
hours
after
14
the
notification,
and
the
detention
prior
to
the
retrieval
of
15
the
person
did
not
exceed
the
period
of
time
prescribed
for
16
detention
by
this
subsection
.
17
Sec.
13.
DEPARTMENTS
OF
HUMAN
SERVICES
AND
PUBLIC
HEALTH
18
——
COMMITMENT
PROCESS
REVIEW.
The
department
of
human
19
services
and
the
department
of
public
health
shall
review
the
20
commitment
processes
under
chapters
125
and
229
and
shall
21
make
recommendations
for
combining
the
commitment
processes
22
into
a
single
chapter.
The
departments
shall
consider
the
23
recommendations
from
the
report
submitted
by
the
commitment
24
process
review
work
group
to
the
general
assembly
on
December
25
31,
2018,
when
reviewing
the
commitment
processes.
The
26
departments
shall
submit
recommendations
including
proposed
27
legislation
to
the
governor
and
the
general
assembly
by
28
November
15,
2019.
29
Sec.
14.
SUPREME
COURT
TRAINING
——
INVOLUNTARY
COMMITMENTS
30
AND
HOSPITALIZATIONS
OF
PERSONS
WITH
SERIOUS
MENTAL
IMPAIRMENTS
31
OR
SUBSTANCE-RELATED
DISORDERS.
The
supreme
court
shall
32
establish
educational
training
for
judges,
clerks
of
court,
33
and
attorneys
related
to
the
involuntary
commitment
of
a
34
person
with
a
serious
mental
impairment
or
a
substance-related
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disorder.
The
supreme
court
shall
develop
the
training
based
1
on
recommendations
from
the
report
submitted
by
the
commitment
2
process
review
work
group
to
the
general
assembly
on
December
3
31,
2018.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
relates
to
the
commitment
or
hospitalization
of
a
8
person
with
a
serious
mental
impairment
or
a
substance-related
9
disorder.
10
POSTDISCHARGE
REPORT.
The
bill
provides
that
a
person
with
11
a
serious
mental
impairment
or
a
substance-related
disorder
who
12
is
discharged
from
a
voluntary
or
an
involuntary
commitment
or
13
hospitalization
under
Code
chapter
125
or
229
shall
be
provided
14
a
discharge
report
which
shall
include
the
patient’s
name
and
15
address,
all
scheduled
postdischarge
appointments,
and
all
16
information
relevant
to
the
patient’s
postdischarge
care.
17
PREAPPLICATION
SCREENING
ASSESSMENT.
Under
current
law,
18
prior
to
filing
an
application
for
involuntary
hospitalization
19
under
Code
section
229.6
or
involuntary
commitment
under
Code
20
section
125.75,
the
clerk
of
the
district
court
or
the
clerk’s
21
designee
shall
inform
the
person
filing
the
application
about
22
the
option
of
requesting
a
preapplication
screening
assessment
23
through
a
preapplication
screening
assessment
program.
The
24
bill
expands
current
law
to
provide
a
preapplication
screening
25
assessment
program
may
include
a
preapplication
screening
26
assessment
delivered
through
telehealth,
if
available.
27
EMERGENCY
DETENTION
AND
HOSPITALIZATION
——
LAW
ENFORCEMENT
28
NOTIFICATION
AND
DETENTION
PERIODS.
Under
Code
sections
125.91
29
(emergency
detention
——
substance-related
disorders)
and
229.22
30
(emergency
hospitalization
——
serious
mental
impairment),
when
31
it
appears
that
a
person
should
be
immediately
detained
due
to
32
a
substance-related
disorder
or
a
serious
mental
impairment
33
but
an
involuntary
application
for
hospitalization
has
not
34
been
filed
naming
the
person
as
the
respondent
and
the
person
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cannot
be
ordered
into
immediate
custody
and
detained,
the
1
person
may
be
immediately
detained
by
a
peace
officer
who
2
has
reasonable
grounds
for
the
detention,
and
the
peace
3
officer,
without
a
warrant,
may
take
or
cause
that
person
to
4
be
taken
to
the
nearest
available
facility
or
hospital.
A
5
person
who
is
not
a
peace
officer
may
also
bring
a
person
6
under
similar
circumstances
to
a
facility
or
hospital.
If
7
the
appropriate
examining
health
care
practitioner
finds
that
8
there
is
reason
to
believe
that
the
person
suffers
from
a
9
substance-related
disorder
or
is
seriously
mentally
impaired
10
and
is
likely
to
physically
injure
the
person’s
self
or
others
11
if
not
immediately
detained,
the
health
care
practitioner
is
12
required
to
immediately
communicate
with
the
nearest
available
13
magistrate.
14
The
bill
provides
that
if
a
magistrate
authorizes
a
person
15
with
a
substance-related
disorder,
under
the
circumstances
16
described
in
Code
section
125.91,
to
be
detained
in
an
17
appropriate
facility,
a
peace
officer
from
the
law
enforcement
18
agency
that
took
the
person
into
custody
may
inform
the
19
magistrate
that
an
arrest
warrant
has
been
issued
for
or
20
charges
are
pending
against
the
person
and
request
that
any
21
oral
or
written
order
issued
require
the
facility
or
hospital
22
to
notify
the
law
enforcement
agency
about
the
discharge
23
or
transfer
of
the
person
prior
to
the
person’s
discharge
24
or
transfer.
The
bill
amends
the
same
law
enforcement
25
notification
provisions
currently
in
Code
section
229.22
to
26
allow
such
law
enforcement
notification
when
a
person
with
a
27
serious
mental
impairment
is
transferred
from
a
facility
or
28
hospital.
29
Under
current
law,
a
hospital
or
facility
may
detain
a
30
person
with
a
substance-related
disorder
pursuant
to
Code
31
section
125.91
or
a
serious
mental
impairment
pursuant
to
32
Code
section
229.22,
under
a
magistrate’s
order
for
a
period
33
not
to
exceed
48
hours
from
the
time
such
an
order
is
dated,
34
excluding
Saturdays,
Sundays,
and
holidays,
unless
the
order
is
35
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dismissed
earlier
by
a
magistrate.
The
bill
extends
the
period
1
a
hospital
or
facility
may
detain
such
persons
to
72
hours
2
from
the
time
such
an
order
is
dated,
excluding
Saturdays,
3
Sundays,
and
holidays,
unless
the
order
is
dismissed
earlier
by
4
a
magistrate.
5
DEPARTMENTS
OF
HUMAN
SERVICES
AND
PUBLIC
HEALTH
——
6
COMMITMENT
PROCESS
REVIEW.
The
bill
directs
the
department
of
7
human
services
and
the
department
of
public
health
to
review
8
the
commitment
processes
under
Code
chapters
125
and
229
and
9
make
recommendations
and
propose
legislation
for
combining
10
the
Code
chapters
to
the
governor
and
the
general
assembly
by
11
November
15,
2019.
12
SUPREME
COURT
——
EDUCATIONAL
TRAINING.
The
bill
directs
13
the
supreme
court
to
develop
and
provide
educational
training
14
relating
to
involuntary
commitments
and
hospitalizations
of
15
persons
with
serious
mental
impairments
and
substance-related
16
disorders
for
judges,
clerks
of
court,
and
attorneys.
The
bill
17
provides
that
the
supreme
court
shall
develop
the
training
18
based
upon
recommendations
from
the
December
30,
2018,
report
19
submitted
by
the
commitment
process
review
work
group.
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