125.1 DECLARATION OF POLICY.
It is the policy of this state:
1. That substance abusers and persons suffering from chemical
dependency be afforded the opportunity to receive quality treatment
and directed into rehabilitation services which will help them resume
a socially acceptable and productive role in society.
2. To encourage substance abuse education and prevention efforts
and to insure that such efforts are coordinated to provide a high
quality of services without unnecessary duplication.
3. To insure that substance abuse programs are being operated by
individuals who are qualified in their field whether through formal
education or through employment or personal experience. Section History: Early Form
[C71, 73, § 123B.2; C75, 77, 79, 81, § 125.1] Section History: Recent Form
[A portion of subsection 1 was inadvertently omitted in the 1993
Code]
Referred to in § 125.3, 125.7
125.2 DEFINITIONS.
For purposes of this chapter, unless the context clearly indicates
otherwise:
1. "Board" means the state board of health created pursuant
to chapter 136.
2. "Chemical dependency" means an addiction or dependency,
either physical or psychological, on a chemical substance. Persons
who take medically prescribed drugs shall not be considered
chemically dependent if the drug is medically prescribed and the
intake is proportionate to the medical need.
3. "Chemical substance" means alcohol, wine, spirits, and
beer as defined in chapter 123 and controlled substances as defined
in section 124.101.
4. "Chief medical officer" means the medical director in
charge of a public or private hospital, or the director's
physician-designee. This chapter does not negate the authority
otherwise reposed by chapter 226 in the respective superintendents of
the state mental health institutes to make decisions regarding the
appropriateness of admissions or discharges of patients of those
institutes, however, it is the intent of this chapter that a
superintendent who is not a licensed physician shall be guided in
these decisions by the chief medical officer of the institute.
5. "Chronic substance abuser" means a person who meets all of
the following criteria:
a. Habitually lacks self control as to the use of chemical
substances to the extent that the person is likely to seriously
endanger the person's health, or to physically injure the person's
self or others, if allowed to remain at liberty without treatment.
b. Lacks sufficient judgment to make responsible decisions
with respect to the person's hospitalization or treatment.
6. "Clerk" means the clerk of the district court.
7. "Department" means the Iowa department of public health.
8. "Director" means the director of the Iowa department of
public health.
9. "Facility" means an institution, a detoxification center,
or an installation providing care, maintenance and treatment for
substance abusers licensed by the department under section 125.13,
hospitals licensed under chapter 135B, or the state mental health
institutes designated by chapter 226.
10. "Incapacitated by a chemical substance" means that a
person, as a result of the use of a chemical substance, is
unconscious or has the person's judgment otherwise so impaired that
the person is incapable of realizing and making a rational decision
with respect to the need for treatment.
11. "Incompetent person" means a person who has been adjudged
incompetent by a court of law.
12. "Interested person" means a person who, in the discretion
of the court, is legitimately concerned that a respondent receive
substance abuse treatment services.
13. "Intoxicated person" means a person whose mental or
physical functioning is substantially impaired as a result of the use
of a chemical substance.
14. "Psychiatric advanced registered nurse practitioner"
means an individual currently licensed as a registered nurse under
chapter 152 or 152E who holds a national certification in psychiatric
health care and who is registered with the board of nursing as an
advanced registered nurse practitioner.
15. "Residence" means the place where a person resides. For
the purpose of determining which Iowa county, if any, is liable
pursuant to this chapter for payments of costs attributable to its
residents, the following rules shall apply:
a. If a person claims an Iowa homestead, then the person's
residence shall be in the county where that homestead is claimed,
irrespective of any other factors.
b. If paragraph "a" does not apply, and the person
continuously has been provided or has maintained living quarters
within any county of this state for a period of not less than one
year, whether or not at the same location within that county, then
the person's residence shall be in that county, irrespective of other
factors. However, this paragraph shall not apply to unemancipated
persons under eighteen years of age who are wards of this state.
c. If paragraphs "a" and "b" do not apply, or, if the
person is under eighteen years of age, is unemancipated, and is a
ward of this state, then the person shall be unclassified with
respect to county of residence, and payment of all costs shall be
made by the department as provided in this chapter.
d. An unemancipated person under eighteen years of age who is
not a ward of the state shall be deemed to reside where the parent
having legal custody, or the legal guardian, or legal custodian of
that person has residence as determined according to this subsection.
e. The provisions of this subsection shall not be used in any
case to which section 125.43 is applicable.
16. "Respondent" means a person against whom an application
is filed under section 125.75.
17. "Substance abuse" means the use of chemical substances by
persons suffering from chemical dependency, persons who are
incapacitated by a chemical substance, substance abusers, or chronic
substance abusers.
18. "Substance abuser" means a person who habitually lacks
self-control as to the use of chemical substances or uses chemical
substances to the extent that the person's health is substantially
impaired or endangered or that the person's social or economic
function is substantially disrupted. Section History: Early Form
[C62, 66, § 123A.1; C71, 73, § 123A.1, 123B.1; C75, 77, § 125.2;
C79, 81, § 125.2, 229.50; 81 Acts, ch 58, § 1; 82 Acts, ch 1212, § 1]
Section History: Recent Form
86 Acts, ch 1245, § 1122; 89 Acts, ch 197, § 21; 90 Acts, ch 1085,
§ 1, 2; 2005 Acts, ch 175, §59, 60; 2008 Acts, ch 1082, §1
Referred to in § 125.3, 125.7, 125.44, 282.19, 321J.24, 321J.25,
411.6, 600A.8, 709.16
125.3 SUBSTANCE ABUSE PROGRAM ESTABLISHED.
The Iowa department of public health shall develop, implement, and
administer a comprehensive substance abuse program pursuant to
sections 125.1 to 125.43. Section History: Early Form
[C62, 66, 71, 73, § 123A.2; C75, 77, 79, 81, § 125.3; 81 Acts, ch
58, § 2] Section History: Recent Form
86 Acts, ch 1245, § 1123; 2005 Acts, ch 175, §61
Referred to in § 125.7
125.4 THROUGH 125.6 Repealed by 2005 Acts, ch 175,
§ 128.
125.7 DUTIES OF THE BOARD.
The board shall:
1. Approve the comprehensive substance abuse program, developed
by the department pursuant to sections 125.1 to 125.43.
2. Advise the department on policies governing the performance of
the department in the discharge of any duties imposed on the
department by law.
3. Advise or make recommendations to the governor and the general
assembly relative to substance abuse treatment, intervention,
education, and prevention programs in this state.
4. Adopt rules for subsections 1 and 6 and review other rules
necessary to carry out the provisions of this chapter, subject to
review in accordance with chapter 17A.
5. Investigate the work of the department relating to substance
abuse, and for this purpose the board shall have access at any time
to all books, papers, documents, and records of the department.
6. Consider and approve or disapprove all applications for a
license and all cases involving the renewal, denial, suspension, or
revocation of a license.
7. Act as the appeal board regarding funding decisions made by
the department. Section History: Early Form
[C71, 73, § 123B.3; C75, 77, 79, 81, § 125.7] Section History: Recent Form
86 Acts, ch 1245, § 1126; 89 Acts, ch 243, § 1; 2005 Acts, ch 175,
§62
Referred to in § 125.3
125.8 Repealed by 89 Acts, ch 243, § 6.
125.9 POWERS OF DIRECTOR.
The director may:
1. Plan, establish and maintain treatment, intervention,
education, and prevention programs as necessary or desirable in
accordance with the comprehensive substance abuse program.
2. Make contracts necessary or incidental to the performance of
the duties and the execution of the powers of the director, including
contracts with public and private agencies, organizations and
individuals to pay them for services rendered or furnished to
substance abusers, chronic substance abusers, or intoxicated persons.
3. Solicit and accept for use any gift of money or property made
by will or otherwise, and any grant of money, services or property
from the federal government, the state, or any political subdivision
thereof or any private source, and do all things necessary to
cooperate with the federal government or any of its agencies and the
department in making an application for any grant.
4. Coordinate the activities of the department and cooperate with
substance abuse programs in this and other states, and make contracts
and other joint or co-operative arrangements with state, local or
private agencies in this and other states for the treatment of
substance abusers, chronic substance abusers, and intoxicated persons
and for the common advancement of substance abuse programs.
5. Require that a written report, in reasonable detail, be
submitted to the director at any time by any agency of this state or
of any of its political subdivisions in respect to any substance
abuse prevention function, or program for the benefit of persons who
are or have been involved in substance abuse, which is being
conducted by the agency.
6. Submit to the governor a written report of the pertinent facts
at any time the director concludes that any agency of this state or
of any of its political subdivisions is conducting any substance
abuse prevention function, or program for the benefit of persons who
are or have been involved in substance abuse in a manner not
consistent with or which impairs achievement of the objectives of the
state plan to combat substance abuse, and has failed to effect
appropriate changes in the function or program.
7. Keep records and engage in research and the gathering of
relevant statistics.
8. Employ a deputy director who shall be exempt from the merit
system. The director may employ other staff necessary to carry out
the duties assigned to the director.
9. Do other acts and things necessary or convenient to execute
the authority expressly granted to the director. Section History: Early Form
[C62, 66, § 123A.5, 123A.7, 123A.8; C71, 73, § 123A.7, 123A.8,
123B.17; C75, 77, § 125.9, 224B.4, 224B.6; C79, 81, § 125.9] Section History: Recent Form
86 Acts, ch 1245, § 1128; 87 Acts, ch 8, § 1; 90 Acts, ch 1085, §
3; 2005 Acts, ch 175, §63
Referred to in § 125.3, 125.7
Merit system, see chapter 8A, subchapter IV
125.10 DUTIES OF DIRECTOR.
The director shall:
1. Prepare and submit a state plan subject to approval by the
board and in accordance with the provisions of 42 U.S.C. § 4573. The
state plan shall designate the department as the sole agency for
supervising the administration of the plan.
2. Develop, encourage, and foster statewide, regional and local
plans and programs for the prevention of substance abuse and the
treatment of substance abusers, chronic substance abusers, and
intoxicated persons in cooperation with public and private agencies,
organizations and individuals, and provide technical assistance and
consultation services for these purposes.
3. Coordinate the efforts and enlist the assistance of all public
and private agencies, organizations and individuals interested in the
prevention of substance abuse and the treatment of substance abusers,
chronic substance abusers, and intoxicated persons.
4. Cooperate with the department of human services in
establishing and conducting programs to provide treatment for
substance abusers, chronic substance abusers, and intoxicated
persons.
5. Cooperate with the department of education, boards of
education, schools, police departments, courts, and other public and
private agencies, organizations, and individuals in establishing
programs for the prevention of substance abuse and the treatment of
substance abusers, chronic substance abusers, and intoxicated
persons, and in preparing relevant curriculum materials for use at
all levels of school education.
6. Prepare, publish, evaluate and disseminate educational
material dealing with the nature and effects of chemical substances.
7. Develop and implement, as an integral part of treatment
programs, an educational program for use in the treatment of
substance abusers, chronic substance abusers, and intoxicated
persons, which program shall include the dissemination of information
concerning the nature and effects of chemical substances.
8. Organize and implement, in cooperation with local treatment
programs, training programs for all persons engaged in treatment of
substance abusers, chronic substance abusers, and intoxicated
persons.
9. Sponsor and implement research in cooperation with local
treatment programs into the causes and nature of substance abuse and
treatment of substance abusers, chronic substance abusers, and
intoxicated persons, and serve as a clearing house for information
relating to substance abuse.
10. Specify uniform methods for keeping statistical information
by public and private agencies, organizations and individuals, and
collect and make available relevant statistical information,
including number of persons treated, frequency of admission and
readmission, and frequency and duration of treatment.
11. Develop and implement, with the counsel and approval of the
board, the comprehensive plan for treatment of substance abusers,
chronic substance abusers, and intoxicated persons in accordance with
this chapter.
12. Assist in the development of, and cooperate with, substance
abuse education and treatment programs for employees of state and
local governments and businesses and industries in the state.
13. Utilize the support and assistance of interested persons in
the community, particularly recovered substance abusers and chronic
substance abusers, to encourage substance abusers and chronic
substance abusers to voluntarily undergo treatment.
14. Cooperate with the commissioner of public safety in
establishing and conducting programs designed to deal with the
problem of persons operating motor vehicles while intoxicated.
15. Encourage general hospitals and other appropriate health
facilities to admit without discrimination substance abusers, chronic
substance abusers, and intoxicated persons and to provide them with
adequate and appropriate treatment. The director may negotiate and
implement contracts with hospitals and other appropriate health
facilities with adequate detoxification facilities.
16. Encourage all health and disability insurance programs to
include substance abuse as a covered illness.
17. Review all state health, welfare, education and treatment
proposals to be submitted for federal funding under federal
legislation, and advise the governor on provisions to be included
relating to substance abuse, substance abusers, chronic substance
abusers, and intoxicated persons. Section History: Early Form
[C62, 66, § 123A.5; C71, 73, § 123B.17; C75, 77, § 125.10, 224B.5;
C79, 81, § 125.10; 81 Acts, ch 58, § 3] Section History: Recent Form
83 Acts, ch 96, § 157, 159; 90 Acts, ch 1085, § 4; 2005 Acts, ch
175, §64
Referred to in § 125.3, 125.7
125.11 Repealed by 81 Acts, ch 58, § 13.
125.12 COMPREHENSIVE PROGRAM FOR TREATMENT --
REGIONAL FACILITIES.
1. The board shall review the comprehensive substance abuse
program implemented by the department for the treatment of substance
abusers, chronic substance abusers, intoxicated persons, and
concerned family members. Subject to the review of the board, the
director shall divide the state into appropriate regions for the
conduct of the program and establish standards for the development of
the program on the regional level. In establishing the regions,
consideration shall be given to city and county lines, population
concentrations, and existing substance abuse treatment services.
2. The program of the department shall include:
a. Emergency treatment provided by a facility affiliated with
or part of the medical service of a general hospital.
b. Inpatient treatment.
c. Residential treatment.
d. Outpatient and follow-up treatment and rehabilitation.
e. Prevention and education.
f. Assessment.
g. Halfway house treatment.
3. The director shall provide for adequate and appropriate
treatment for substance abusers, chronic substance abusers,
intoxicated persons, and concerned family members admitted under
sections 125.33 and 125.34, or under section 125.75, 125.81, or
125.91. Treatment shall not be provided at a correctional
institution except for inmates.
4. The director shall maintain, supervise and control all
facilities operated by the director pursuant to this chapter.
5. All appropriate public and private resources shall be
coordinated with and utilized in the program if possible.
6. The director shall prepare, publish and distribute annually a
list of all facilities.
7. The director may contract for the use of a facility if the
director, pursuant to section 125.44, considers this to be an
effective and economical course to follow. Section History: Early Form
[C75, 77, 79, 81, § 125.12; 82 Acts, ch 1212, § 23] Section History: Recent Form
86 Acts, ch 1001, § 3; 86 Acts, ch 1245, § 1129; 90 Acts, ch 1085,
§ 5; 2005 Acts, ch 175, §65
Referred to in § 125.3, 125.7, 321J.25
125.13 PROGRAMS LICENSED -- EXCEPTIONS.
1. a. Except as provided in subsection 2, a person shall not
maintain or conduct any chemical substitutes or antagonists program,
residential program, or nonresidential outpatient program, the
primary purpose of which is the treatment and rehabilitation of
substance abusers or chronic substance abusers without having first
obtained a written license for the program from the department.
b. Four types of licenses may be issued by the department. A
renewable license may be issued for one, two, or three years. A
treatment program applying for its initial license may be issued a
license for two hundred seventy days. A license issued for two
hundred seventy days shall not be renewed or extended.
2. The licensing requirements of this chapter do not apply to any
of the following:
a. A hospital providing care or treatment to substance
abusers or chronic substance abusers licensed under chapter 135B
which is accredited by the joint commission on the accreditation of
health care organizations, the commission on accreditation of
rehabilitation facilities, the American osteopathic association, or
another recognized organization approved by the board. All survey
reports from the accrediting or licensing body must be sent to the
department.
b. Any practitioner of medicine and surgery or osteopathic
medicine and surgery, in the practitioner's private practice.
However, a program shall not be exempted from licensing by the board
by virtue of its utilization of the services of a medical
practitioner in its operation.
c. Private institutions conducted by and for persons who
adhere to the faith of any well recognized church or religious
denomination for the purpose of providing care, treatment,
counseling, or rehabilitation to substance abusers or chronic
substance abusers and who rely solely on prayer or other spiritual
means for healing in the practice of religion of such church or
denomination.
d. A program that provides only education, prevention,
referral or post treatment services.
e. Alcoholics anonymous.
f. Individuals in private practice who are providing
substance abuse treatment services independent from a program that is
required to be licensed under subsection 1.
g. Intervention and referral programs which are financed and
managed by a county or counties, are staffed by county employees, and
do not receive state payments pursuant to a contract under section
125.44.
h. Voluntary, nonprofit groups whose funding is provided
solely from nontax sources.
i. A substance abuse treatment program not funded by the
department which is accredited or licensed by the joint commission on
the accreditation of health care organizations, the commission on the
accreditation of rehabilitation facilities, the American osteopathic
association, or another recognized organization approved by the
board. All survey reports from the accrediting or licensing body
must be sent to the department.
j. A hospital substance abuse treatment program that is
accredited or licensed by the joint commission on the accreditation
of health care organizations, the commission on the accreditation of
rehabilitation facilities, the American osteopathic association, or
another recognized organization approved by the board. All survey
reports for the hospital substance abuse treatment program from the
accrediting or licensing body shall be sent to the department. Section History: Early Form
[C75, 77, § 125.14, 224B.12, 224B.13; C79, 81, § 125.13; 81 Acts,
ch 58, § 4--7; 82 Acts, ch 1244, § 1, 2] Section History: Recent Form
86 Acts, ch 1001, § 4; 89 Acts, ch 243, § 2; 90 Acts, ch 1085, §
6, 7; 94 Acts, ch 1068, §1; 2002 Acts, ch 1108, §4, 5; 2005 Acts, ch
175, §66; 2009 Acts, ch 41, §263
Referred to in § 125.2, 125.3, 125.7, 125.20, 125.21, 125.58,
125.59, 135H.4
125.14 LICENSES -- RENEWAL -- FEES.
The board shall consider all cases involving initial issuance, and
renewal, denial, suspension, or revocation of a license. The
department shall issue a license to an applicant whom the board
determines meets the licensing requirements of this chapter.
Licenses shall expire no later than three years from the date of
issuance and shall be renewed upon timely application made in the
same manner as for initial issuance of a license unless notice of
nonrenewal is given to the licensee at least thirty days prior to the
expiration of the license. The department shall not charge a fee for
licensing or renewal of programs contracting with the department for
provision of treatment services. A fee may be charged to other
licensees. Section History: Early Form
[C75, 77, § 224B.14, 224B.15; C79, 81, § 125.14; 81 Acts, ch 58, §
8] Section History: Recent Form
89 Acts, ch 243, § 3; 2000 Acts, ch 1140, §19; 2002 Acts, ch 1108,
§6; 2005 Acts, ch 175, §67
Referred to in § 125.3, 125.7
125.14A PERSONNEL OF A LICENSED PROGRAM ADMITTING
JUVENILES.
1. If a person is being considered for licensure under this
chapter, or for employment involving direct responsibility for a
child or with access to a child when the child is alone, by a program
admitting juveniles subject to licensure under this chapter, or if a
person will reside in a facility utilized by such a program, and if
the person has been convicted of a crime or has a record of founded
child abuse, the department of human services and the program, for an
employee of the program, shall perform an evaluation to determine
whether the crime or founded child abuse warrants prohibition of
licensure, employment, or residence in the facility. The department
of human services shall conduct criminal and child abuse record
checks in this state and may conduct these checks in other states.
The evaluation shall be performed in accordance with procedures
adopted for this purpose by the department of human services.
2. If the department of human services determines that a person
has committed a crime or has a record of founded child abuse and is
licensed, employed by a program licensed under this chapter, or
resides in a licensed facility the department shall notify the
program that an evaluation will be conducted to determine whether
prohibition of the person's licensure, employment, or residence is
warranted.
3. In an evaluation, the department of human services and the
program for an employee of the program shall consider the nature and
seriousness of the crime or founded child abuse in relation to the
position sought or held, the time elapsed since the commission of the
crime or founded child abuse, the circumstances under which the crime
or founded child abuse was committed, the degree of rehabilitation,
the likelihood that the person will commit the crime or founded child
abuse again, and the number of crimes or founded child abuses
committed by the person involved. The department of human services
may permit a person who is evaluated to be licensed, employed, or to
reside, or to continue to be licensed, employed, or to reside in a
program, if the person complies with the department's conditions
relating to the person's licensure, employment, or residence, which
may include completion of additional training. For an employee of a
licensee, these conditional requirements shall be developed with the
licensee. The department of human services has final authority in
determining whether prohibition of the person's licensure,
employment, or residence is warranted and in developing any
conditional requirements under this subsection.
4. If the department of human services determines that the person
has committed a crime or has a record of founded child abuse which
warrants prohibition of licensure, employment, or residence, the
person shall not be licensed under this chapter to operate a program
admitting juveniles and shall not be employed by a program or reside
in a facility admitting juveniles licensed under this chapter.
5. In addition to the record checks required under this section,
the department of human services may conduct dependent adult abuse
record checks in this state and may conduct these checks in other
states, on a random basis. The provisions of this section, relative
to an evaluation following a determination that a person has been
convicted of a crime or has a record of founded child abuse, shall
also apply to a random check conducted under this subsection.
6. Beginning July 1, 1994, a program or facility shall inform all
new applicants for employment of the possibility of the performance
of a record check and shall obtain, from the applicant, a signed
acknowledgment of the receipt of the information.
7. On or after July 1, 1994, a program or facility shall include
the following inquiry in an application for employment: "Do you have
a record of founded child or dependent adult abuse or have you ever
been convicted of a crime, in this state or any other state?" Section History: Recent Form
90 Acts, ch 1221, § 1; 91 Acts, ch 138, § 1; 92 Acts, ch 1163, §
33; 94 Acts, ch 1130, §11
Referred to in § 125.3, 125.7
125.15 INSPECTIONS.
The department may inspect the facilities and review the
procedures utilized by any chemical substitutes or antagonists
program, residential program, or nonresidential outpatient program
that has as a primary purpose the treatment and rehabilitation of
substance abusers or chronic substance abusers, for the purpose of
ensuring compliance with this chapter and the rules adopted pursuant
to this chapter. The examination and review may include case record
audits and interviews with staff and patients, consistent with the
confidentiality safeguards of state and federal law. Section History: Early Form
[C75, 77, § 224B.16; C79, 81, § 125.15] Section History: Recent Form
86 Acts, ch 1245, § 1130; 2000 Acts, ch 1140, §20
Referred to in § 125.3, 125.7
125.15A LICENSURE -- EMERGENCIES.
1. The department may place an employee or agent to serve as a
monitor in a licensed substance abuse treatment program or may
petition the court for appointment of a receiver for a program when
any of the following conditions exist:
a. The program is operating without a license.
b. The board has suspended, revoked, or refused to renew the
existing license of the program.
c. The program is closing or has informed the department that
it intends to close and adequate arrangements for the location of
clients have not been made at least thirty days before the closing.
d. The department determines that an emergency exists,
whether or not it has initiated revocation or nonrenewal procedures,
and because of the unwillingness or inability of the licensee to
remedy the emergency, the department determines that a monitor or
receiver is necessary. As used in this paragraph, "emergency"
means a threat to the health, safety, or welfare of a client that the
program is unwilling or unable to correct.
2. The monitor shall observe operation of the program, assist the
program with advice regarding compliance with state regulations, and
report periodically to the department on the operation of the
program. Section History: Recent Form
93 Acts, ch 139, § 1; 2005 Acts, ch 175, §68
Referred to in § 125.3, 125.7
125.16 TRANSFER OF LICENSE OR CHANGE OF LOCATION
PROHIBITED.
A license issued under this chapter may not be transferred, and
the location of the physical facilities occupied or utilized by any
program licensed under this chapter shall not be changed without the
prior written consent of the board. Section History: Early Form
[C75, 77, § 224B.17; C79, 81, § 125.16] Section History: Recent Form
2005 Acts, ch 175, §69
Referred to in § 125.3, 125.7
125.17 LICENSE SUSPENSION OR REVOCATION.
Violation of any of the requirements or restrictions of this
chapter or of any of the rules adopted pursuant to this chapter is
cause for suspension, revocation, or refusal to renew a license. The
director shall at the earliest time feasible notify a licensee whose
license the board is considering suspending or revoking and shall
inform the licensee what changes must be made in the licensee's
operation to avoid such action. The licensee shall be given a
reasonable time for compliance, as determined by the director, after
receiving such notice or a notice that the board does not intend to
renew the license. When the licensee believes compliance has been
achieved, or if the licensee considers the proposed suspension,
revocation, or refusal to renew unjustified, the licensee may submit
pertinent information to the board and the board shall expeditiously
make a decision in the matter and notify the licensee of the
decision. Section History: Early Form
[C75, 77, § 224B.18; C79, 81, § 125.17] Section History: Recent Form
2005 Acts, ch 175, §70
Referred to in § 125.3, 125.7
125.18 HEARING BEFORE BOARD.
If a licensee under this chapter makes a written request for a
hearing within thirty days of suspension, revocation, or refusal to
renew a license, a hearing before the board shall be expeditiously
arranged by the department of inspections and appeals whose decision
is subject to review by the board. The board shall issue a written
statement of the board's findings within thirty days after conclusion
of the hearing upholding or reversing the proposed suspension,
revocation, or refusal to renew a license. Action involving
suspension, revocation, or refusal to renew a license shall not be
taken by the board unless a quorum is present at the meeting. A copy
of the board's decision shall be promptly transmitted to the affected
licensee who may, if aggrieved by the decision, seek judicial review
of the actions of the board in accordance with the terms of chapter
17A. Section History: Early Form
[C75, 77, § 224B.19; C79, 81, § 125.18] Section History: Recent Form
86 Acts, ch 1245, § 1131; 2005 Acts, ch 175, §71
Referred to in § 125.3, 125.7
125.19 REISSUANCE OR REINSTATEMENT.
After suspension, revocation, or refusal to renew a license
pursuant to this chapter, the affected licensee shall not have the
license reissued or reinstated within one year of the effective date
of the suspension, revocation, or expiration upon refusal to renew,
unless the board orders otherwise. After that time, proof of
compliance with the requirements and restrictions of this chapter and
the rules adopted pursuant to this chapter must be presented to the
board prior to reinstatement or reissuance of a license. Section History: Early Form
[C75, 77, § 224B.20; C79, 81, § 125.19] Section History: Recent Form
2005 Acts, ch 175, §72
Referred to in § 125.3, 125.7
125.20 RULES.
The department shall establish rules pursuant to chapter 17A
requiring facilities to use reasonable accounting and reimbursement
systems which recognize relevant cost- related factors for substance
abuse patients. A facility shall not be licensed nor shall any
payment be made under this chapter to a facility which fails to
comply with those rules or which does not permit inspection by the
department or examination of all records, including financial
records, methods of administration, general and special dietary
programs, the disbursement of drugs and methods of supply, and any
other records the department deems relevant to the establishment of
such a system. However, rules issued pursuant to this paragraph
shall not apply to any facility referred to in section 125.13,
subsection 2 or section 125.43. Section History: Early Form
[C77, § 125.13(8); C79, 81, § 125.20] Section History: Recent Form
86 Acts, ch 1245, § 1132
Referred to in § 125.3, 125.7
125.21 CHEMICAL SUBSTITUTES AND ANTAGONISTS
PROGRAMS.
1. The board has exclusive power in this state to approve and
license chemical substitutes and antagonists programs, and to monitor
chemical substitutes and antagonists programs to ensure that the
programs are operating within the rules adopted pursuant to this
chapter. The board shall grant approval and license if the
requirements of the rules are met and state funding is not requested.
The chemical substitutes and antagonists programs conducted by
persons exempt from the licensing requirements of this chapter
pursuant to section 125.13, subsection 2, are subject to approval and
licensure under this section.
2. The department may do any of the following:
a. Provide advice, consultation, and technical assistance to
chemical substitutes and antagonists programs.
b. Approve local agencies or bodies to assist the department
in carrying out the provisions of this chapter. Section History: Early Form
[C75, 77, § 224B.21; C79, 81, § 125.21; 81 Acts, ch 58, § 9] Section History: Recent Form
87 Acts, ch 32, § 1; 97 Acts, ch 203, § 12; 2005 Acts, ch 175, §73
Referred to in § 125.3, 125.7
125.22 THROUGH 125.24 Transferred to §
125.39--125.41 respectively.
125.25 APPROVAL OF FACILITY BUDGET.
1. Before making any allocation of funds to a local substance
abuse program, the department shall require a detailed line item
budget clearly indicating the funds received from each revenue source
for the fiscal year for which the funds are requested on forms
provided by the department for each program.
2. The department shall adopt rules governing the approval of
line item budgets for the operation of facilities. The rules shall
include provisions for the approval of a facility's budget by the
department. Section History: Early Form
[C79, 81, § 125.25] Section History: Recent Form
86 Acts, ch 1001, § 5; 86 Acts, ch 1245, § 1133
Referred to in § 125.3, 125.7
125.26 THROUGH 125.31 Transferred to §
125.43--125.48 respectively.
125.32 ACCEPTANCE FOR TREATMENT -- RULES.
The department shall adopt and may amend and repeal rules for
acceptance of persons into the treatment program, subject to chapter
17A, considering available treatment resources and facilities, for
the purpose of early and effective treatment of substance abusers,
chronic substance abusers, intoxicated persons, and concerned family
members. In establishing the rules the department shall be guided by
the following standards:
1. If possible a patient shall be treated on a voluntary rather
than an involuntary basis.
2. A patient shall be initially assigned or transferred to
outpatient treatment, unless the patient is found to require
inpatient, residential, or halfway house treatment.
3. A person shall not be denied treatment solely because the
person has withdrawn from treatment against medical advice on a prior
occasion or because the person has relapsed after earlier treatment.
4. An individualized treatment plan shall be prepared and
maintained on a current basis for each patient after the assessment
process.
5. Provision shall be made for a continuum of co-ordinated
treatment services, so that a person who leaves a facility or a form
of treatment will have available and may utilize other appropriate
treatment. Section History: Early Form
[C75, 77, § 125.15; C79, 81, § 125.32] Section History: Recent Form
86 Acts, ch 1001, § 6; 86 Acts, ch 1245, § 1134; 90 Acts, ch 1085,
§ 8
Referred to in § 125.3, 125.7
125.32A DISCRIMINATION PROHIBITED.
Any substance abuse treatment program receiving state funding
under this chapter or any other chapter of the Code shall not
discriminate against a person seeking treatment solely because the
person is pregnant, unless the program in each instance identifies
and refers the person to an alternative and acceptable treatment
program for the person. Section History: Recent Form
90 Acts, ch 1264, §33
Referred to in § 125.3, 125.7
125.33 VOLUNTARY TREATMENT OF SUBSTANCE ABUSERS.
1. A substance abuser or chronic substance abuser may apply for
voluntary treatment or rehabilitation services directly to a facility
or to a licensed physician and surgeon or osteopathic physician and
surgeon. If the proposed patient is a minor or an incompetent
person, a parent, a legal guardian or other legal representative may
make the application. The licensed physician and surgeon or
osteopathic physician and surgeon or any employee or person acting
under the direction or supervision of the physician and surgeon or
osteopathic physician and surgeon, or the facility shall not report
or disclose the name of the person or the fact that treatment was
requested or has been undertaken to any law enforcement officer or
law enforcement agency; nor shall such information be admissible as
evidence in any court, grand jury, or administrative proceeding
unless authorized by the person seeking treatment. If the person
seeking such treatment or rehabilitation is a minor who has
personally made application for treatment, the fact that the minor
sought treatment or rehabilitation or is receiving treatment or
rehabilitation services shall not be reported or disclosed to the
parents or legal guardian of such minor without the minor's consent,
and the minor may give legal consent to receive such treatment and
rehabilitation.
2. Subject to rules adopted by the department, the administrator
or the administrator's designee in charge of a facility may determine
who shall be admitted for treatment or rehabilitation. If a person
is refused admission, the administrator or the administrator's
designee, subject to rules adopted by the department, shall refer the
person to another facility for treatment if possible and appropriate.
3. A substance abuser or chronic substance abuser seeking
treatment or rehabilitation and who is either addicted or dependent
on a chemical substance may first be examined and evaluated by a
licensed physician and surgeon or osteopathic physician and surgeon
who may prescribe a proper course of treatment and medication, if
needed. The licensed physician and surgeon or osteopathic physician
and surgeon may further prescribe a course of treatment or
rehabilitation and authorize another licensed physician and surgeon
or osteopathic physician and surgeon or facility to provide the
prescribed treatment or rehabilitation services. Treatment or
rehabilitation services may be provided to a person individually or
in a group. A facility providing or engaging in treatment or
rehabilitation shall not report or disclose to a law enforcement
officer or law enforcement agency the name of any person receiving or
engaged in the treatment or rehabilitation; nor shall a person
receiving or participating in treatment or rehabilitation report or
disclose the name of any other person engaged in or receiving
treatment or rehabilitation or that the program is in existence, to a
law enforcement officer or law enforcement agency. Such information
shall not be admitted in evidence in any court, grand jury, or
administrative proceeding. However, a person engaged in or receiving
treatment or rehabilitation may authorize the disclosure of the
person's name and individual participation.
4. If a patient receiving inpatient or residential care leaves a
facility, the patient shall be encouraged to consent to appropriate
outpatient or halfway house treatment. If it appears to the
administrator in charge of the facility that the patient is a
substance abuser or chronic substance abuser who requires help, the
director may arrange for assistance in obtaining supportive services.
5. If a patient leaves a facility, with or against the advice of
the administrator in charge of the facility, the director may make
reasonable provisions for the patient's transportation to another
facility or to the patient's home. If the patient has no home the
patient shall be assisted in obtaining shelter. If the patient is a
minor or an incompetent person the request for discharge from an
inpatient facility shall be made by a parent, legal guardian or other
legal representative or by the minor or incompetent if the patient
was the original applicant.
6. Any person who reports or discloses the name of a person
receiving treatment or rehabilitation services to a law enforcement
officer or law enforcement agency or any person receiving treatment
or rehabilitation services who discloses the name of any other person
receiving treatment or rehabilitation services without the written
consent of the person in violation of the provisions of this section
shall upon conviction be guilty of a simple misdemeanor. Section History: Early Form
[C71, 73, § 224A.2, 224A.3; C75, 77, § 125.16, 224A.2, 224A.3;
C79, 81, § 125.33] Section History: Recent Form
86 Acts, ch 1001, § 7; 86 Acts, ch 1245, § 1135; 90 Acts, ch 1085,
§ 9
Referred to in § 125.3, 125.7, 125.12, 230.20, 321J.3
125.34 TREATMENT AND SERVICES FOR INTOXICATED PERSONS
AND PERSONS INCAPACITATED BY ALCOHOL.
1. An intoxicated person may come voluntarily to a facility for
emergency treatment. A person who appears to be intoxicated or
incapacitated by a chemical substance in a public place and in need
of help may be taken to a facility by a peace officer under section
125.91. If the person refuses the proffered help, the person may be
arrested and charged with intoxication under section 123.46, if
applicable.
2. If no facility is readily available the person may be taken to
an emergency medical service customarily used for incapacitated
persons. The peace officer in detaining the person and in taking the
person to a facility shall make every reasonable effort to protect
the person's health and safety. In detaining the person the
detaining officer may take reasonable steps for self-protection.
Detaining a person under section 125.91 is not an arrest and no entry
or other record shall be made to indicate that the person who is
detained has been arrested or charged with a crime.
3. A person who arrives at a facility and voluntarily submits to
examination shall be examined by a licensed physician as soon as
possible after the person arrives at the facility. The person may
then be admitted as a patient or referred to another health facility.
The referring facility shall arrange for transportation.
4. If a person is voluntarily admitted to a facility, the
person's family or next of kin shall be notified as promptly as
possible. If an adult patient who is not incapacitated requests that
there be no notification, the request shall be respected.
5. A peace officer who acts in compliance with this section is
acting in the course of the officer's official duty and is not
criminally or civilly liable therefor, unless such acts constitute
willful malice or abuse.
6. If the physician in charge of the facility determines it is
for the patient's benefit, the patient shall be encouraged to agree
to further diagnosis and appropriate voluntary treatment.
7. A licensed physician and surgeon or osteopathic physician and
surgeon, facility administrator, or an employee or a person acting as
or on behalf of the facility administrator, is not criminally or
civilly liable for acts in conformity with this chapter, unless the
acts constitute willful malice or abuse. Section History: Early Form
[C75, 77, § 125.17; C79, 81, § 125.34; 82 Acts, ch 1212, § 24] Section History: Recent Form
86 Acts, ch 1001, § 8
Referred to in § 125.3, 125.7, 125.12, 230.20
125.35 Repealed by 82 Acts, ch 1212, § 28.
125.36 Reserved.
125.37 RECORDS CONFIDENTIAL.
1. The registration and other records of facilities shall remain
confidential and are privileged to the patient.
2. Notwithstanding subsection 1, the director may make available
information from patients' records for purposes of research into the
causes and treatment of substance abuse. Information under this
subsection shall not be published in a way that discloses patients'
names or other identifying information.
3. Notwithstanding the provisions of subsection 1 of this section
a patient's records may be disclosed to medical personnel in a
medical emergency with or without the patient's consent. Section History: Early Form
[C75, 77, § 125.20, 224B.23; C79, 81, § 125.37]
Referred to in § 125.3, 125.7, 125.93
125.38 RIGHTS AND PRIVILEGES OF PATIENTS.
1. Subject to reasonable rules regarding hours of visitation
which the department may adopt, a patient in a facility shall be
granted an opportunity for adequate consultation with counsel, and
for continuing contact with family and friends consistent with an
effective treatment program.
2. Neither mail nor other communication to or from a patient in a
facility may be intercepted, read or censored, except that the
department may adopt reasonable rules regarding the use of telephones
by patients in facilities and the delivery of chemical substances.
3. The patient shall be provided an opportunity to receive prompt
evaluation, emergency services and care as indicated by sound medical
practice and treatment which, in the judgment of the chief medical
officer of a facility, is most likely to result in the individual's
recovery or in the mitigation of the individual's condition to an
extent sufficient to permit the individual's discharge from the
facility. Section History: Early Form
[C75, 77, § 125.21; C79, 81, § 125.38] Section History: Recent Form
86 Acts, ch 1245, § 1136
Referred to in § 125.3, 125.7
125.39 ELIGIBLE ENTITIES.
A local governmental unit which is providing funds to a facility
for treatment of substance abuse may request from the facility a
treatment program plan prior to authorizing payment of any claims
filed by the facility. The governing body of the local governmental
unit may review the plan, but shall not impose on the facility any
requirement conflicting with the comprehensive treatment program of
the facility. Section History: Early Form
[C77, § 125.22; C79, 81, § 125.39] Section History: Recent Form
86 Acts, ch 1001, § 9; 88 Acts, ch 1158, §31; 99 Acts, ch 141, §1
Referred to in § 125.3, 125.7
125.40 CRIMINAL LAWS LIMITATIONS.
1. No county or city may adopt or enforce a local law, ordinance,
resolution or rule having the force of law in contravention of the
provisions of this chapter.
2. No county or city may interpret or apply any law of general
application to circumvent the provision of subsection 1.
3. Nothing in this chapter affects any law, ordinance, resolution
or rule against drunken driving, driving under the influence of
alcohol or other chemical substance, or other similar offense
involving the operation of a vehicle, aircraft, boat, machinery or
other equipment, or regarding the sale, purchase, dispensing,
possessing or use of alcoholic beverages or beer at stated times and
places or by a particular class of persons or regarding the sale,
purchase, possession or use of another chemical substance. Section History: Early Form
[C75, 77, § 125.23; C79, 81, § 125.40]
Referred to in § 125.3, 125.7, 331.382
125.41 JUDICIAL REVIEW.
Judicial review of the orders or actions of the director may be
sought in accordance with the provisions of the Iowa administrative
procedure Act, chapter 17A. Section History: Early Form
[C75, 77, § 125.24; C79, 81, § 125.41] Section History: Recent Form
2003 Acts, ch 44, §114
Referred to in § 125.3, 125.7
125.42 APPEALS.
An aggrieved party may obtain a review of any final judgment of
the court by appeal to the supreme court. The appeal shall be taken
as in other civil cases. Section History: Early Form
[C75, 77, § 125.25; C79, 81, § 125.42]
Referred to in § 125.3, 125.7
125.43 FUNDING AT MENTAL HEALTH INSTITUTES.
Chapter 230 governs the determination of the costs and payment for
treatment provided to substance abusers or chronic substance abusers
in a mental health institute under the department of human services,
except that the charges are not a lien on real estate owned by
persons legally liable for support of the substance abuser or chronic
substance abuser and the daily per diem shall be billed at
twenty-five percent. The superintendent of a state hospital shall
total only those expenditures which can be attributed to the cost of
providing inpatient treatment to substance abusers or chronic
substance abusers for purposes of determining the daily per diem.
Section 125.44 governs the determination of who is legally liable for
the cost of care, maintenance, and treatment of a substance abuser or
chronic substance abuser and of the amount for which the person is
liable. Section History: Early Form
[C75, 77, § 125.26; C79, 81, § 125.43] Section History: Recent Form
83 Acts, ch 96, § 157, 159; 84 Acts, ch 1067, § 21; 86 Acts, ch
1001, § 10; 90 Acts, ch 1085, § 10
Referred to in § 125.2, 125.3, 125.7, 125.20
125.43A PRESCREENING -- EXCEPTION.
Except in cases of medical emergency or court-ordered admissions,
a person shall be admitted to a state mental health institute for
substance abuse treatment only after a preliminary intake and
assessment by a department-licensed treatment facility or a hospital
providing care or treatment for substance abusers licensed under
chapter 135B and accredited by the joint commission on the
accreditation of health care organizations, the commission on
accreditation of rehabilitation facilities, the American osteopathic
association, or another recognized organization approved by the
board, or by a designee of a department-licensed treatment facility
or a hospital other than a state mental health institute, which
confirms that the admission is appropriate to the person's substance
abuse service needs. A county board of supervisors may seek an
admission of a patient to a state mental health institute who has not
been confirmed for appropriate admission and the county shall be
responsible for one hundred percent of the cost of treatment and
services of the patient. Section History: Recent Form
86 Acts, ch 1001, § 11; 92 Acts, ch 1097, § 1; 2005 Acts, ch 175,
§74
Referred to in § 125.44
125.44 AGREEMENTS WITH FACILITIES -- LIABILITY FOR
COSTS.
The director may, consistent with the comprehensive substance
abuse program, enter into written agreements with a facility as
defined in section 125.2 to pay for one hundred percent of the cost
of the care, maintenance, and treatment of substance abusers and
chronic substance abusers, except when section 125.43A applies. All
payments for state patients shall be made in accordance with the
limitations of this section. Such contracts shall be for a period of
no more than one year.
The contract may be in the form and contain provisions as agreed
upon by the parties. The contract shall provide that the facility
shall admit and treat substance abusers and chronic substance abusers
regardless of where they have residence. If one payment for care,
maintenance, and treatment is not made by the patient or those
legally liable for the patient, the payment shall be made by the
department directly to the facility. Payments shall be made each
month and shall be based upon the rate of payment for services
negotiated between the department and the contracting facility. If a
facility projects a temporary cash flow deficit, the department may
make cash advances at the beginning of each fiscal year to the
facility. The repayment schedule for advances shall be part of the
contract between the department and the facility. This section does
not pertain to patients treated at the mental health institutes.
If the appropriation to the department is insufficient to meet the
requirements of this section, the department shall request a transfer
of funds and section 8.39 shall apply.
The substance abuser or chronic substance abuser is legally liable
to the facility for the total amount of the cost of providing care,
maintenance, and treatment for the substance abuser or chronic
substance abuser while a voluntary or committed patient in a
facility. This section does not prohibit any individual from paying
any portion of the cost of treatment.
The department is liable for the cost of care, treatment, and
maintenance of substance abusers and chronic substance abusers
admitted to the facility voluntarily or pursuant to section 125.75,
125.81, or 125.91 or section 321J.3 or 124.409 only to those
facilities that have a contract with the department under this
section, only for the amount computed according to and within the
limits of liability prescribed by this section, and only when the
substance abuser or chronic substance abuser is unable to pay the
costs and there is no other person, firm, corporation, or insurance
company bound to pay the costs.
The department's maximum liability for the costs of care,
treatment, and maintenance of substance abusers and chronic substance
abusers in a contracting facility is limited to the total amount
agreed upon by the parties and specified in the contract under this
section. Section History: Early Form
[C71, 73, § 123B.4, 123B.8; C75, 77, § 125.27, 125.31; C79, §
125.44, 125.48; C81, § 125.44; 82 Acts, ch 1212, § 25] Section History: Recent Form
86 Acts, ch 1001, § 12, 13; 86 Acts, ch 1220, § 25; 86 Acts, ch
1245, § 1137; 89 Acts, ch 243, § 4, 5; 90 Acts, ch 1085, § 11
Referred to in § 124.409, 125.12, 125.13, 125.43, 321J.3, 462A.14
125.45 Repealed by 86 Acts, ch 1001, § 22.
125.46 COUNTY OF RESIDENCE DETERMINED.
The facility shall, when a substance abuser or chronic substance
abuser is admitted, or as soon thereafter as it receives the proper
information, determine and enter upon its records the Iowa county of
residence of the substance abuser or chronic substance abuser, or
that the person resides in some other state or country, or that the
person is unclassified with respect to residence. Section History: Early Form
[C71, 73, § 123B.6; C75, 77, § 125.29; C79, 81, § 125.46] Section History: Recent Form
90 Acts, ch 1085, §12
125.47 Repealed by 86 Acts, ch 1001, § 22.
125.48 LIST OF CONTRACTING FACILITIES.
The department shall provide a current list of facilities that
have a contract with the department to the clerk of each district
court in the state. The clerk shall provide the list to all district
court judges and judicial magistrates in the district. Section History: Early Form
[C81, § 125.48]
125.49 THROUGH 125.53 Repealed by 86 Acts, ch 1001,
§ 22.
125.54 USE OF FUNDS.
The director is not required to distribute or guarantee funds,
except as provided in section 125.59:
1. To any program which does not meet licensing standards,
2. To any program providing unnecessary, duplicative or
overlapping services within the same geographical area, or
3. To any program which has adequate resources at its disposal.
Section History: Early Form
[C79, 81, § 125.54] Section History: Recent Form
86 Acts, ch 1001, § 14
125.55 AUDITS.
All licensed substance abuse programs are subject to annual audit
either by the auditor of state or in lieu of the examination by the
auditor of state the substance abuse program may contract with or
employ certified public accountants to conduct the audit, in
accordance with sections 11.6 and 11.19. The audit format shall be
as prescribed by the auditor of state. The certified public
accountant shall submit a copy of the audit to the director. A
licensed substance abuse program is also subject to special audits as
the director requests. The licensed substance abuse program or the
department shall pay all expenses incurred by the auditor of state in
conducting an audit under this section. Section History: Early Form
[C79, 81, § 125.55; 81 Acts, ch 58, § 10; 82 Acts, ch 1166, § 1]
Section History: Recent Form
89 Acts, ch 264, § 5
125.56 Repealed by 82 Acts, ch 1244, § 4.
125.57 Repealed by 86 Acts, ch 1001, § 22.
125.58 INSPECTION -- PENALTIES.
1. If the department has probable cause to believe that an
institution, place, building, or agency not licensed as a substance
abuse treatment and rehabilitation facility is in fact a substance
abuse treatment and rehabilitation facility as defined by this
chapter, and is not exempt from licensing by section 125.13,
subsection 2, the board may order an inspection of the institution,
place, building, or agency. If the inspector upon presenting proper
identification is denied entry for the purpose of making the
inspection, the inspector may, with the assistance of the county
attorney of the county in which the premises are located, apply to
the district court for an order requiring the owner or occupant to
permit entry and inspection of the premises to determine whether
there have been violations of this chapter. The investigation may
include review of records, reports, and documents maintained by the
facility and interviews with staff members consistent with the
confidentiality safeguards of state and federal law.
2. A person establishing, conducting, managing, or operating a
substance abuse treatment and rehabilitation facility without a
license is guilty of a serious misdemeanor. Each day of continued
violation after conviction or notice from the department by certified
mail of a violation shall be considered a separate offense or
chargeable offense. A person establishing, conducting, managing or
operating a substance abuse treatment and rehabilitation facility
without a license may be temporarily or permanently restrained
therefrom by a court of competent jurisdiction in an action brought
by the state.
3. Notwithstanding the existence or pursuit of any other remedy,
the department may, in the manner provided by law, maintain an action
in the name of the state for injunction or other process against a
person or governmental unit to restrain or prevent the establishment,
conduct, management or operation of a substance abuse treatment and
rehabilitation facility without a license. Section History: Early Form
[81 Acts, ch 58, § 12; 82 Acts, ch 1244, § 3] Section History: Recent Form
2005 Acts, ch 175, §75
125.59 TRANSFER OF CERTAIN REVENUE -- COUNTY PROGRAM
FUNDING.
The treasurer of state, on each July 1 for that fiscal year, shall
transfer the estimated amounts to be received from section 123.36,
subsection 8 and section 123.143, subsection 1 to the department.
1. a. Of these funds, notwithstanding section 125.13,
subsection 1, one-half of the transferred amount shall be used for
grants to counties operating a substance abuse program involving only
education, prevention, referral or posttreatment services, either
with the counties' own employees or by contract with a nonprofit
corporation. The grants shall not annually exceed ten thousand
dollars to any one county, subject to the following conditions:
(1) The money shall be paid to the county after expenditure by
the county and submission of the requirements in subparagraph (2) on
the basis of one dollar for each three dollars spent by the county.
The county may submit a quarterly claim for reimbursement.
(2) The county shall submit an accounting of the expenditures and
shall submit an annual financial report, a description of the
program, and the results obtained within sixty days after the end of
the fiscal year in which the money is granted.
b. If the transferred amount for this subsection exceeds
grant requests funded to the ten thousand dollar maximum, the Iowa
department of public health may use the remainder to increase grants
pursuant to subsection 2.
2. a. Of these funds, one-half of the transferred amount
shall be used for prevention programs in addition to the amount
budgeted for prevention programs by the department in the same fiscal
year. The department shall use this additional prevention program
money for grants to a county, person, or nonprofit agency operating a
prevention program. A grant to a county, person, or nonprofit agency
is subject to the following conditions:
(1) The money shall be paid to the county, person, or nonprofit
agency after submission of the requirements in subparagraph (2) on
the basis of two dollars for each dollar designated for prevention by
the county, person, or nonprofit agency.
(2) The county, person, or nonprofit agency shall submit a
description of the program.
(3) The county, person, or nonprofit agency shall submit an
annual financial report and the results obtained before June 10 of
the same fiscal year in which the money is granted.
b. The department may consider in-kind contributions received
by a county, person, or nonprofit agency for matching purposes
required in paragraph "a", subparagraph (1). Sectionstory: Recent Form
86 Acts, ch 1001, § 15; 87 Acts, ch 110, § 1; 94 Acts, ch 1068,
§2; 2009 Acts, ch 41, §186
Referred to in § 125.54
125.60 GRANT FORMULA.
The funding distributed by the department for program grants
pursuant to the appropriation received by the department shall be
distributed to each county or multicounty area by a formula based on
population, need, and other criteria as determined by the department.
Section History: Recent Form
86 Acts, ch 1001, § 16
125.61 THROUGH 125.74 Reserved.
125.75 INVOLUNTARY COMMITMENT OR TREATMENT --
APPLICATION.
Proceedings for the involuntary commitment or treatment of a
chronic substance abuser to a facility may be commenced by the county
attorney or an interested person by filing a verified application
with the clerk of the district court of the county where the
respondent is presently located or which is the respondent's place of
residence. The clerk or the clerk's designee shall assist the
applicant in completing the application. The application shall:
1. State the applicant's belief that the respondent is a chronic
substance abuser.
2. State any other pertinent facts.
3. Be accompanied by one or more of the following:
a. A written statement of a licensed physician in support of
the application.
b. One or more supporting affidavits corroborating the
application.
c. Corroborative information obtained and reduced to writing
by the clerk or the clerk's designee, but only when circumstances
make it infeasible to obtain, or when the clerk considers it
appropriate to supplement, the information under either paragraph
"a" or paragraph "b". Section History: Early b>
[C75, 77, § 125.19(1, 2); C79, 81, § 229.51; 82 Acts, ch 1212, §
3] Section History: Recent Form
90 Acts, ch 1085, § 13
Referred to in § 125.2, 125.12, 125.44, 125.75A, 125.85, 125.91,
229.21
Summary of involuntary commitment procedures available from clerk;
see §229.45
125.75A INVOLUNTARY COMMITMENT OR TREATMENT OF MINORS
-- JURISDICTION.
The juvenile court has exclusive original jurisdiction in
proceedings concerning a minor for whom an application for
involuntary commitment or treatment is filed under section 125.75.
In proceedings under this division concerning a minor's involuntary
commitment or treatment, the term "court", "judge", or
"clerk" means the juvenile court, judge, or clerk. Sion History: Recent Form
89 Acts, ch 283, § 1; 92 Acts, ch 1124, § 1
Referred to in §229.21
125.75B DUAL FILINGS.
An application for involuntary commitment or treatment of a
respondent under this chapter may be filed contemporaneously with an
application for involuntary hospitalization of the respondent under
chapter 229. Section History: Recent Form
98 Acts, ch 1181, §21
Referred to in § 229.21
125.76 APPOINTMENT OF COUNSEL FOR APPLICANT.
The applicant, if not the county attorney, may apply for the
appointment of counsel if financially unable to employ an attorney to
assist the applicant in presenting evidence in support of the
application for commitment. If the applicant applies for the
appointment of counsel, the application shall include the submission
of a financial statement as required under section 815.9. Section History: Early Form
[C75, 77, § 125.19(10); C79, 81, § 229.52(6); 82 Acts, ch 1212, §
4] Section History: Recent Form
83 Acts, ch 101, § 15; 83 Acts, ch 186, § 10044, 10201
Referred to in § 229.21
125.77 SERVICE OF NOTICE.
Upon the filing of an application for involuntary commitment, the
clerk shall docket the case and immediately notify a district court
judge, a district associate judge, or magistrate who is admitted to
the practice of law in this state, who shall review the application
and accompanying documentation. The clerk shall send copies of the
application and supporting documentation, together with the notice
informing the respondent of the procedures required by this division,
to the sheriff, for immediate service upon the respondent. If the
respondent is taken into custody under section 125.81, service of the
application, documentation, and notice upon the respondent shall be
made at the time the respondent is taken into custody. Section History: Early Form
[C75, 77, § 125.19(2); C79, 81, § 229.51(3); 82 Acts, ch 1212, §
5] Section History: Recent Form
91 Acts, ch 108, §1
Referred to in § 125.84, 125.85, 229.21, 229.45
125.78 PROCEDURE AFTER APPLICATION.
As soon as practical after the filing of an application for
involuntary commitment or treatment, the court shall:
1. Determine whether the respondent has an attorney who is able
and willing to represent the respondent in the commitment proceeding,
and if not, whether the respondent is financially able to employ an
attorney and capable of meaningfully assisting in selecting an
attorney. In accordance with those determinations, the court shall
allow the respondent to select an attorney or shall assign an
attorney to the respondent. If the respondent is financially unable
to pay an attorney, the county shall compensate the attorney at an
hourly rate to be established by the county board of supervisors in
substantially the same manner as provided in section 815.7.
2. If the application includes a request for a court-appointed
attorney for the applicant and the court is satisfied that a
court-appointed attorney is necessary to assist the applicant in a
meaningful presentation of the evidence, and that the applicant is
financially unable to employ an attorney, the court shall appoint an
attorney to represent the applicant and the county shall compensate
the attorney at an hourly rate to be established by the county board
of supervisors in substantially the same manner as provided in
section 815.7.
3. Issue a written order:
a. Scheduling a tentative time and place for a hearing,
subject to the findings of the report required under section 125.80,
subsections 3 and 4, but not less than forty-eight hours after notice
to the respondent, unless the respondent waives the forty-eight-hour
notice requirement.
b. Requiring an examination of the respondent, prior to the
hearing, by one or more licensed physicians who shall submit a
written report of the examination to the court as required by section
125.80. Section History: Early Form
[C75, 77, § 125.19(1, 2); C79, 81, § 229.51(2, 3), 229.52(6); 82
Acts, ch 1212, § 6] Section History: Recent Form
84 Acts, ch 1219, § 5; 99 Acts, ch 135, §14
Referred to in § 125.79, 125.85, 229.21
125.79 RESPONDENT'S ATTORNEY INFORMED.
The court shall direct the clerk to furnish at once to the
respondent's attorney, copies of the application for involuntary
commitment of the respondent and the supporting documentation, and of
the court's order issued pursuant to section 125.78, subsection 3.
If the respondent is taken into custody under section 125.81, the
attorney shall also be advised of that fact. The respondent's
attorney shall represent the respondent at all stages of the
proceedings and shall attend the commitment hearing. Section History: Early Form
[82 Acts, ch 1212, § 7]
Referred to in § 125.85, 229.21
125.80 PHYSICIAN'S EXAMINATION -- REPORT --
SCHEDULING OF HEARING.
1. a. An examination of the respondent shall be conducted
within a reasonable time and prior to the commitment hearing by one
or more licensed physicians as required by the court's order. If the
respondent is taken into custody under section 125.81, the
examination shall be conducted within twenty-four hours after the
respondent is taken into custody. If the respondent desires, the
respondent may have a separate examination by a licensed physician of
the respondent's own choice. The court shall notify the respondent
of the right to choose a physician for a separate examination. The
reasonable cost of the examinations shall be paid from county funds
upon order of the court if the respondent lacks sufficient funds to
pay the cost.
b. A licensed physician conducting an examination pursuant to
this section may consult with or request the participation in the
examination of facility personnel, and may include with or attach to
the written report of the examination any findings or observations by
facility personnel who have been consulted or have participated in
the examination.
c. If the respondent is not taken into custody under section
125.81, but the court is subsequently informed that the respondent
has declined to be examined by a licensed physician pursuant to the
court order, the court may order limited detention of the respondent
as necessary to facilitate the examination of the respondent by the
licensed physician.
2. A written report of the examination by a court-designated
physician shall be filed with the clerk prior to the hearing date. A
written report of an examination by a physician chosen by the
respondent may be similarly filed. The clerk shall immediately:
a. Cause a report to be shown to the judge who issued the
order.
b. Cause the respondent's attorney to receive a copy of the
report of a court-designated physician.
3. If the report of a court-designated physician is to the effect
that the respondent is not a chronic substance abuser, the court,
without taking further action, may terminate the proceeding and
dismiss the application on its own motion and without notice.
4. If the report of a court-designated physician is to the effect
that the respondent is a chronic substance abuser, the court shall
schedule a commitment hearing as soon as possible. The hearing shall
be held not more than forty-eight hours after the report is filed,
excluding Saturdays, Sundays, and holidays, unless an extension for
good cause is requested by the respondent, or as soon thereafter as
possible if the court considers that sufficient grounds exist for
delaying the hearing. Section History: Early Form
[C75, 77, § 125.19(1--4); C79, 81, § 229.51, 229.52(1, 2); 82
Acts, ch 1212, § 8] Section History: Recent Form
90 Acts, ch 1085, §14; 2009 Acts, ch 41, §263
Referred to in § 125.78, 125.84, 125.85, 229.21
125.81 IMMEDIATE CUSTODY.
1. If a person filing an application requests that a respondent
be taken into immediate custody, and the court upon reviewing the
application and accompanying documentation, finds probable cause to
believe that the respondent is a chronic substance abuser who is
likely to injure the person or other persons if allowed to remain at
liberty, the court may enter a written order directing that the
respondent be taken into immediate custody by the sheriff, and be
detained until the commitment hearing, which shall be held no more
than five days after the date of the order, except that if the fifth
day after the date of the order is a Saturday, Sunday, or a holiday,
the hearing may be held on the next business day. The court may
order the respondent detained for the period of time until the
hearing is held, and no longer except as provided in section 125.88,
in accordance with subsection 2, paragraph "a", if possible, and
if not, then in accordance with subsection 2, paragraph "b", or,
only if neither of these alternatives is available in accordance with
subsection 2, paragraph "c".
2. Detention may be:
a. In the custody of a relative, friend, or other suitable
person who is willing and able to accept responsibility for
supervision of the respondent, with reasonable restrictions as the
court may order including but not limited to restrictions on or a
prohibition of any expenditure, encumbrance, or disposition of the
respondent's funds or property.
b. In a suitable hospital, the chief medical officer of which
shall be informed of the reasons why immediate custody has been
ordered. The hospital may provide treatment which is necessary to
preserve the respondent's life, or to appropriately control the
respondent's behavior which is likely to result in physical injury to
the person or to others if allowed to continue, and other treatment
as deemed appropriate by the chief medical officer.
c. In the nearest facility which is licensed to care for
persons with mental illness or substance abuse, provided that
detention in a jail or other facility intended for confinement of
those accused or convicted of a crime shall not be ordered.
3. The respondent's attorney may be allowed by the court to
present evidence and arguments before the court's determination under
this section. If such an opportunity is not provided at that time,
respondent's attorney shall be allowed to present evidence and
arguments after the issuance of the court's order of confinement and
while the respondent is confined. Section History: Early Form
[82 Acts, ch 1212, § 9] Section History: Recent Form
90 Acts, ch 1085, § 15; 91 Acts, ch 108, § 2; 92 Acts, ch 1072, §
1; 92 Acts, ch 1165, § 1; 2009 Acts, ch 41, §187
Referred to in § 125.12, 125.44, 125.77, 125.79, 125.80, 125.82,
125.84, 125.87, 125.88, 125.91, 125.92, 229.21
125.82 COMMITMENT HEARING.
1. At a commitment hearing, evidence in support of the
contentions made in the application may be presented by the
applicant, or by an attorney for the applicant, or by the county
attorney. During the hearing, the applicant and the respondent shall
be afforded an opportunity to testify and to present and
cross-examine witnesses, and the court may receive the testimony of
other interested persons. If the respondent is present at the
hearing, as provided in subsection 3, and has been medicated within
twelve hours, or a longer period of time as the court may designate,
prior to the beginning of the hearing or a session of the hearing,
the court shall be informed of that fact and of the probable effects
of the medication upon convening of the hearing.
2. A person not necessary for the conduct of the hearing shall be
excluded, except that the court may admit a person having a
legitimate interest in the hearing. Upon motion of the applicant,
the court may exclude the respondent from the hearing during the
testimony of a witness if the court determines that the witness'
testimony is likely to cause the respondent severe emotional trauma.
3. The person who filed the application and a licensed physician,
mental health professional as defined in section 228.1, or certified
alcohol and drug counselor certified by the nongovernmental Iowa
board of substance abuse certification who has examined the
respondent in connection with the commitment hearing shall be present
at the hearing, unless the court for good cause finds that their
presence or testimony is not necessary. The applicant, respondent,
and the respondent's attorney may waive the presence or telephonic
appearance of the licensed physician, mental health professional, or
certified alcohol and drug counselor who examined the respondent and
agree to submit as evidence the written report of the licensed
physician, mental health professional, or certified alcohol and drug
counselor. The respondent's attorney shall inform the court if the
respondent's attorney reasonably believes that the respondent, due to
diminished capacity, cannot make an adequately considered waiver
decision. "Good cause" for finding that the testimony of the
licensed physician, mental health professional, or certified alcohol
and drug counselor who examined the respondent is not necessary may
include, but is not limited to, such a waiver. If the court
determines that the testimony of the licensed physician, mental
health professional, or certified alcohol and drug counselor is
necessary, the court may allow the licensed physician, mental health
professional, or certified alcohol and drug counselor to testify by
telephone. The respondent shall be present at the hearing unless
prior to the hearing the respondent's attorney stipulates in writing
that the attorney has conversed with the respondent, and that in the
attorney's judgment the respondent cannot make a meaningful
contribution to the hearing, or that the respondent has waived the
right to be present, and the basis for the attorney's conclusions. A
stipulation to the respondent's absence shall be reviewed by the
court before the hearing, and may be rejected if it appears that
insufficient grounds are stated or that the respondent's interests
would not be served by the respondent's absence.
4. The respondent's welfare is paramount, and the hearing shall
be tried as a civil matter and conducted in as informal a manner as
is consistent with orderly procedure. Discovery as permitted under
the Iowa rules of civil procedure is available to the respondent.
The court shall receive all relevant and material evidence, but the
court is not bound by the rules of evidence. A presumption in favor
of the respondent exists, and the burden of evidence and support of
the contentions made in the application shall be upon the person who
filed the application. If upon completion of the hearing the court
finds that the contention that the respondent is a chronic substance
abuser has not been sustained by clear and convincing evidence, the
court shall deny the application and terminate the proceeding.
5. If the respondent is not taken into custody under section
125.81, but the court finds good cause to believe that the respondent
is about to depart from the jurisdiction of the court, the court may
order limited detention of the respondent as authorized in section
125.81, as is necessary to ensure that the respondent will not depart
from the jurisdiction of the court without the court's approval until
the proceeding relative to the respondent has been concluded. Section History: Early Form
[C75, 77, § 125.19(3-7, 10, 13); C79, 81, § 229.52(1); 82 Acts, ch
1212, § 10] Section History: Recent Form
90 Acts, ch 1085, §16; 91 Acts, ch 108, §3; 2006 Acts, ch 1115, §
1; 2006 Acts, ch 1116, § 1; 2006 Acts, ch 1159, § 30
Referred to in § 125.84, 229.21, 602.8103
125.83 PLACEMENT FOR EVALUATION.
If upon completion of the commitment hearing, the court finds that
the contention that the respondent is a chronic substance abuser has
been sustained by clear and convincing evidence, the court shall
order the respondent placed at a facility or under the care of a
suitable facility on an outpatient basis as expeditiously as possible
for a complete evaluation and appropriate treatment. The court shall
furnish to the facility at the time of admission or outpatient
placement, a written statement of facts setting forth the evidence on
which the finding is based. The administrator of the facility shall
report to the court no more than fifteen days after the individual is
admitted to or placed under the care of the facility, which shall
include the chief medical officer's recommendation concerning
substance abuse treatment. An extension of time may be granted for a
period not to exceed seven days upon a showing of good cause. A copy
of the report shall be sent to the respondent's attorney who may
contest the need for an extension of time if one is requested. If
the request is contested, the court shall make an inquiry as it deems
appropriate and may either order the respondent released from the
facility or grant extension of time for further evaluation. If the
administrator fails to report to the court within fifteen days after
the individual is admitted to the facility, and no extension of time
has been requested, the administrator is guilty of contempt and shall
be punished under chapter 665. The court shall order a rehearing on
the application to determine whether the respondent should continue
to be held at the facility. Section History: Early Form
[C75, 77, § 125.19(4); C79, 81, § 229.52(2); 82 Acts, ch 1212, §
11] Section History: Recent Form
90 Acts, ch 1020, § 1; 90 Acts, ch 1085, § 17
Referred to in § 125.84, 125.85, 125.87, 125.88, 125.89, 229.21
125.83A PLACEMENT IN CERTAIN FEDERAL FACILITIES.
1. If upon completion of the commitment hearing, the court finds
that the contention that the respondent is a chronic substance abuser
has been sustained by clear and convincing evidence, and the court is
furnished evidence that the respondent is eligible for care and
treatment in a facility operated by the United States department of
veterans affairs or another agency of the United States government
and that the facility is willing to receive the respondent, the court
may so order. The respondent, when so placed in a facility operated
by the United States department of veterans affairs or another agency
of the United States government within or outside of this state,
shall be subject to the rules of the United States department of
veterans affairs or other agency, but shall not lose any procedural
rights afforded the respondent by this chapter. The chief officer of
the facility shall have, with respect to the respondent so placed,
the same powers and duties as the chief medical officer of a hospital
in this state would have in regard to submission of reports to the
court, retention of custody, transfer, convalescent leave, or
discharge. Jurisdiction is retained in the court to maintain
surveillance of the respondent's treatment and care, and at any time
to inquire into the respondent's condition and the need for continued
care and custody.
2. Upon receipt of a certificate stating that a respondent placed
under this chapter is eligible for care and treatment in a facility
operated by the United States department of veterans affairs or
another agency of the United States government which is willing to
receive the respondent without charge to the state of Iowa or any
county in the state, the chief medical officer may transfer the
respondent to that facility. Upon so doing, the chief medical
officer shall notify the court which ordered the respondent's
placement in the same manner as would be required in the case of a
transfer under section 125.86, subsection 2, and the respondent
transferred shall be entitled to the same rights as the respondent
would have under that subsection. No respondent shall be transferred
under this section who is confined pursuant to conviction of a public
offense or whose placement was ordered upon contention of
incompetence to stand trial by reason of mental illness, without
prior approval of the court which ordered that respondent's
placement.
3. A judgment or order of commitment by a court of competent
jurisdiction of another state or the District of Columbia, under
which any person is hospitalized or placed in a facility operated by
the United States department of veterans affairs or another agency of
the United States government, shall have the same force and effect
with respect to that person while the person is in this state as the
judgment or order would have if the person were in the jurisdiction
of the court which issued it. That court shall be deemed to have
retained jurisdiction of the person so placed for the purpose of
inquiring into that person's condition and the need for continued
care and custody, as do courts in this state under this section.
Consent is given to the application of the law of the state or
district in which the court is situated which issued the judgment or
order as regards authority of the chief officer of any facility,
operated in this state by the United States department of veterans
affairs or another agency of the United States government, to retain
custody, transfer, place on convalescent leave, or discharge the
person so committed. Section History: Recent Form
97 Acts, ch 159, §2; 2009 Acts, ch 26, §8
Referred to in § 229.21
125.84 EVALUATION REPORT.
The facility administrator's report to the court of the chief
medical officer's substance abuse evaluation of the respondent shall
be made no later than the expiration of the time specified in section
125.83. At least two copies of the report shall be filed with the
clerk, who shall distribute the copies in the manner described by
section 125.80, subsection 2. The report shall state one of the four
following alternative findings:
1. That the respondent does not, as of the date of the report,
require further treatment for substance abuse. If the report so
states, the court shall order the respondent's immediate release from
involuntary commitment and terminate the proceedings.
2. That the respondent is a chronic substance abuser who is in
need of full-time custody, care, and treatment in a facility, and is
considered likely to benefit from treatment. If the report so
states, the court shall enter an order which may require the
respondent's continued placement and commitment to a facility for
appropriate treatment.
3. That the respondent is a chronic substance abuser who is in
need of treatment, but does not require full-time placement in a
facility. If the report so states, the report shall include the
chief medical officer's recommendation for treatment of the
respondent on an outpatient or other appropriate basis, and the court
shall enter an order which may direct the respondent to submit to the
recommended treatment. The order shall provide that if the
respondent fails or refuses to submit to treatment, as directed by
the court's order, the court may order that the respondent be taken
into immediate custody as provided by section 125.81 and, following
notice and hearing held in accordance with the procedures of sections
125.77 and 125.82, may order the respondent treated as a patient
requiring full-time custody, care, and treatment as provided in
subsection 2, and may order the respondent involuntarily committed to
a facility.
4. That the respondent is a chronic substance abuser who is in
need of treatment, but in the opinion of the chief medical officer is
not responding to the treatment provided. If the report so states,
the report shall include the facility administrator's recommendation
for alternative placement, and the court shall enter an order which
may direct the respondent's transfer to the recommended placement or
to another placement after consultation with respondent's attorney
and the facility administrator who made the report under this
subsection. Section History: Early Form
[82 Acts, ch 1212, § 12] Section History: Recent Form
90 Acts, ch 1020, § 2; 90 Acts, ch 1085, § 18
Referred to in § 125.85, 125.86, 229.21, 321J.3
125.85 CUSTODY, DISCHARGE, AND TERMINATION OF
PROCEEDING.
1. A respondent committed under section 125.84, subsection 2,
shall remain in the custody of a facility for treatment for a period
of thirty days, unless sooner discharged. The department is not
required to pay the cost of any medication or procedure provided to
the respondent during that period which is not necessary or
appropriate to the specific objectives of detoxification and
treatment of substance abuse. At the end of the thirty-day period,
the respondent shall be discharged automatically unless the
administrator of the facility, before expiration of the period,
obtains a court order for the respondent's recommitment pursuant to
an application under section 125.75, for a further period not to
exceed ninety days.
2. A respondent recommitted under subsection 1 who has not been
discharged by the facility before the end of the ninety-day period
shall be discharged at the expiration of that period unless the
administrator of the facility, before expiration of the period,
obtains a court order for the respondent's recommitment pursuant to
an application under section 125.75, for a further period not to
exceed ninety days.
3. Upon the filing of an application for recommitment under
subsection 1 or 2, the court shall schedule a recommitment hearing
for no later than ten days after the date the application is filed.
A copy of the application, the notice of hearing, and any reports
shall be served or provided in the manner and to the persons as
required by sections 125.77 to 125.80, 125.83 and 125.84.
4. Following a respondent's discharge from a facility or from
treatment, the administrator of the facility shall immediately report
that fact to the court which ordered the respondent's commitment or
treatment. The court shall issue an order confirming the
respondent's discharge from the facility or from treatment, as the
case may be, and shall terminate the proceedings pursuant to which
the order was issued. Copies of the order shall be sent by regular
mail to the facility and the respondent.
5. A person who is placed for evaluation at a facility under
section 125.83 or who is committed to a facility under section
125.84, subsection 2, shall remain at that facility unless discharged
or otherwise permitted to leave by the court or administrator of the
facility. If a person placed at a facility or committed to a
facility leaves the facility without permission or without having
been discharged, the administrator may notify the sheriff of the
person's absence and the sheriff shall take the person into custody
and return the person promptly to the facility. Section History: Early Form
[C75, 77, § 125.19; C79, 81, § 229.52(3--5), 229.53; 82 Acts, ch
1212, § 13] Section History: Recent Form
92 Acts, ch 1072, § 2; 99 Acts, ch 144, §1
Referred to in § 229.21
125.86 PERIODIC REPORTS REQUIRED.
1. No more than thirty days after entry of a court order for
commitment to a facility under section 125.84, subsection 2, and
thereafter at successive intervals not to exceed ninety days for as
long as involuntary commitment of the respondent continues, the
administrator of the facility shall report to the court which entered
the order. The report shall be submitted in the manner required by
section 125.84, shall state whether in the opinion of the chief
medical officer the respondent's condition has improved, remains
unchanged, or has deteriorated, and shall indicate the further length
of time the respondent will be required to remain at the facility.
2. No more than sixty days after entry of a court order for
treatment of a respondent under section 125.84, subsection 3, and
thereafter at successive intervals not to exceed ninety days for as
long as involuntary treatment continues, the administrator of the
facility or the psychiatrist or psychiatric advanced registered nurse
practitioner treating the patient shall report to the court which
entered the order. The report shall be submitted in the manner
required by section 125.84, shall state whether in the opinion of the
chief medical officer or the psychiatrist or psychiatric advanced
registered nurse practitioner the respondent's condition has
improved, remains unchanged, or has deteriorated, and shall indicate
the further length of time the respondent will require treatment by
the facility. If the respondent fails or refuses to submit to
treatment as ordered by the court, the administrator of the facility
shall at once notify the court, which shall order the respondent
committed for treatment as provided by section 125.84, subsection 3,
unless the court finds that the failure or refusal was with good
cause, and that the respondent is willing to receive treatment as
provided in the court's order, or in a revised order if the court
sees fit to enter one. If the administrator of the facility reports
to the court that the respondent requires full-time custody, care,
and treatment in a facility, and the respondent is willing to be
admitted voluntarily to the facility for these purposes, the court
may enter an order approving the placement upon consultation with the
administrator of the facility in which the respondent is to be
placed. If the respondent is unwilling to be admitted voluntarily to
the facility, the procedure for determining involuntary commitment,
as provided in section 125.84, subsection 3, shall be followed.
3. a. A psychiatric advanced registered nurse practitioner
treating a respondent previously committed under this chapter may
complete periodic reports pursuant to this section on the respondent
if the respondent has been recommended for treatment on an outpatient
or other appropriate basis pursuant to section 125.84, subsection 3,
and if a psychiatrist licensed pursuant to chapter 148 personally
evaluates the respondent on at least an annual basis.
b. An advanced registered nurse practitioner who is not
certified as a psychiatric advanced registered nurse practitioner but
who meets the qualifications set forth in the definition of a mental
health professional in section 228.1 on July 1, 2008, may complete
periodic reports pursuant to paragraph "a". Section tory: Early Form
[82 Acts, ch 1212, § 14] Section History: Recent Form
2008 Acts, ch 1082, §2, 3; 2009 Acts, ch 133, §29
Referred to in § 125.83A, 229.21, 321J.3, 462A.14
125.87 STATUS DURING APPEAL.
If a respondent appeals to the supreme court from a lower court's
finding that commitment is warranted, the respondent shall remain
committed if already in custody, pursuant to an order of immediate
custody under section 125.81 or pursuant to an order for evaluation
and treatment under section 125.83, before notice of appeal was
filed, unless the supreme court orders otherwise. Section History: Early Form
[82 Acts, ch 1212, § 15]
Referred to in § 229.21
125.88 STATUS IF COMMITMENT DELAYED.
If a court directs a respondent who was previously ordered taken
into immediate custody under section 125.81 to be placed at a
facility for evaluation and appropriate treatment under section
125.83, and no suitable facility can immediately admit the
respondent, the respondent shall remain in custody as previously
ordered by the court, notwithstanding the time limits stated in
section 125.81, until a suitable facility can admit the respondent.
The court shall take appropriate steps to expedite the admission of
the respondent to a suitable facility at the earliest feasible time.
Section History: Early Form
[82 Acts, ch 1212, § 16]
Referred to in § 125.81, 229.21
125.89 RESPONDENTS CHARGED WITH OR CONVICTED OF
CRIME.
1. If a court orders a respondent placed at a facility for
evaluation and treatment under section 125.83 at a time when the
respondent has been convicted of a public offense, or when there is
pending against the respondent an unresolved formal charge of a
public offense, and the respondent's liberty has therefore been
restricted in any manner, the findings of fact required by section
125.83 shall clearly so inform the administrator of the facility
where the respondent is placed.
2. The commitment powers of the court under section 124.409
supersede the procedures and requirements of this division. Section History: Early Form
[82 Acts, ch 1212, § 17]
Referred to in § 229.21
125.90 JUDICIAL HOSPITALIZATION REFEREE.
Judicial hospitalization referees shall be utilized as provided in
section 229.21 for performing the duties of the court prescribed by
this division. Section History: Early Form
[C79, 81, § 229.51(3); 82 Acts, ch 1212, § 18]
Referred to in § 229.21
125.91 EMERGENCY DETENTION.
1. The procedure prescribed by this section shall only be used
for an intoxicated person who has threatened, attempted, or inflicted
physical self-harm or harm on another, and is likely to inflict
physical self-harm or harm on another unless immediately detained, or
who is incapacitated by a chemical substance, if that person cannot
be taken into immediate custody under sections 125.75 and 125.81
because immediate access to the court is not possible.
2. a. A peace officer who has reasonable grounds to believe
that the circumstances described in subsection 1 are applicable may,
without a warrant, take or cause that person to be taken to the
nearest available facility referred to in section 125.81, subsection
2, paragraph "b" or "c". Such an intoxicated or
incapacitated person may also be delivered to a facility by someone
other than a peace officer upon a showing of reasonable grounds.
Upon delivery of the person to a facility under this section, the
examining physician may order treatment of the person, but only to
the extent necessary to preserve the person's life or to
appropriately control the person's behavior if the behavior is likely
to result in physical injury to the person or others if allowed to
continue. The peace officer or other person who delivered the person
to the facility shall describe the circumstances of the matter to the
examining physician. If the person is a peace officer, the peace
officer may do so either in person or by written report. If the
examining physician has reasonable grounds to believe that the
circumstances in subsection 1 are applicable, the examining physician
shall at once communicate with the nearest available magistrate as
defined in section 801.4, subsection 10. The magistrate shall, based
upon the circumstances described by the examining physician, give the
examining physician oral instructions either directing that the
person be released forthwith, or authorizing the person's detention
in an appropriate facility. The magistrate may also give oral
instructions and order that the detained person be transported to an
appropriate facility.
b. If the magistrate orders that the person be detained, the
magistrate shall, by the close of business on the next working day,
file a written order with the clerk in the county where it is
anticipated that an application may be filed under section 125.75.
The order may be filed by facsimile if necessary. The order shall
state the circumstances under which the person was taken into custody
or otherwise brought to a facility and the grounds supporting the
finding of probable cause to believe that the person is a chronic
substance abuser likely to result in physical injury to the person or
others if not detained. The order shall confirm the oral order
authorizing the person's detention including any order given to
transport the person to an appropriate facility. The clerk shall
provide a copy of that order to the chief medical officer of the
facility to which the person was originally taken, any subsequent
facility to which the person was transported, and to any law
enforcement department or ambulance service that transported the
person pursuant to the magistrate's order.
3. The chief medical officer of the facility shall examine and
may detain the person pursuant to the magistrate's order for a period
not to exceed forty-eight hours from the time the order is dated,
excluding Saturdays, Sundays, and holidays, unless the order is
dismissed by a magistrate. The facility may provide treatment which
is necessary to preserve the person's life or to appropriately
control the person's behavior if the behavior is likely to result in
physical injury to the person or others if allowed to continue or is
otherwise deemed medically necessary by the chief medical officer,
but shall not otherwise provide treatment to the person without the
person's consent. The person shall be discharged from the facility
and released from detention no later than the expiration of the
forty-eight-hour period, unless an application for involuntary
commitment is filed with the clerk pursuant to section 125.75. The
detention of a person by the procedure in this section, and not in
excess of the period of time prescribed by this section, shall not
render the peace officer, physician, or facility detaining the person
liable in a criminal or civil action for false arrest or false
imprisonment if the peace officer, physician, or facility had
reasonable grounds to believe that the circumstances described in
subsection 1 were applicable.
4. The cost of detention in a facility under the procedure
prescribed in this section shall be paid in the same way as if the
person had been committed to the facility pursuant to an application
filed under section 125.75. Section History: Early Form
[C75, 77, § 125.17, 125.18; C79, 81, § 125.34(4), 125.35; 82 Acts,
ch 1212, § 19] Section History: Recent Form
90 Acts, ch 1085, § 19; 2003 Acts, ch 68, §1, 2; 2009 Acts, ch 41,
§188
Referred to in § 125.12, 125.34, 125.44, 125.92, 229.21, 602.6405
125.92 RIGHTS AND PRIVILEGES OF COMMITTED PERSONS.
A person who is detained, taken into immediate custody, or
committed under this division has the right to:
1. Prompt evaluation, emergency services, and care and treatment
as indicated by sound clinical practice.
2. Render informed consent, except for treatment provided
pursuant to sections 125.81 and 125.91. If the person is incompetent
treatment may be consented to by the person's next of kin or guardian
notwithstanding the person's refusal. If the person refuses
treatment which in the opinion of the chief medical officer is
necessary or if the person is incompetent and the next of kin or
guardian refuses to consent to the treatment or no next of kin or
guardian is available the facility may petition a court of
appropriate jurisdiction for approval to treat the person.
3. The protection of the person's constitutional rights.
4. Enjoy all legal, medical, religious, social, political,
personal, and working rights and privileges, which the person would
enjoy if not detained, taken into immediate custody, or committed,
consistent with the effective treatment of the person and of the
other persons in the facility. If the person's rights are
restricted, the physician's direction to that effect shall be noted
in the person's record. The person or the person's next of kin or
guardian shall be advised of the person's rights and be provided a
written copy upon the person's admission to or arrival at the
facility. Section History: Early Form
[82 Acts, ch 1212, § 20]
Referred to in § 229.21
125.93 COMMITMENT RECORDS -- CONFIDENTIALITY.
Records of the identity, diagnosis, prognosis, or treatment of a
person which are maintained in connection with the provision of
substance abuse treatment services are confidential, consistent with
the requirements of section 125.37, and with the federal
confidentiality regulations authorized by the Drug Abuse Office and
Treatment Act, 21 U.S.C. § 1175 (1976) and the Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act, 42
U.S.C. § 4582 (1976). Section History: Early Form
[82 Acts, ch 1212, § 21]
Referred to in § 229.21
125.94 SUPREME COURT RULES.
The supreme court may prescribe rules of pleading, practice, and
procedure and the forms of process, writs, and notices under section
602.4201, for all commitment proceedings in a court of this state
under this chapter. The rules shall be drawn for the purpose of
simplifying and expediting the proceedings, so far as is consistent
with the rights of the parties involved. The rules shall not
abridge, enlarge, or modify the substantive rights of a party to a
commitment proceeding under this chapter. Section History: Early Form
[82 Acts, ch 1212, § 22] Section History: Recent Form
83 Acts, ch 186, § 10045, 10201
Referred to in § 229.21