CHAPTER 125 CHEMICAL SUBSTANCE ABUSE Joint study by departments of public health and human services to collect related data and develop and implement a protocol on or before July 1, 2009, to jointly address child abuse cases wholly or partially caused by substance abuse of a person responsible for the care of a child; initial and subsequent reports due on or before December 15, 2009, and December 15, 2010; 2008 Acts, ch 1121, §1

125.1 DECLARATION OF POLICY.
125.2 DEFINITIONS.
125.3 SUBSTANCE ABUSE PROGRAM ESTABLISHED.
125.4 THROUGH 125.6
125.7 DUTIES OF THE BOARD.
125.9 POWERS OF DIRECTOR.
125.10 DUTIES OF DIRECTOR.
125.12 COMPREHENSIVE PROGRAM FOR TREATMENT -- REGIONAL FACILITIES.
125.13 PROGRAMS LICENSED -- EXCEPTIONS.
125.14 LICENSES -- RENEWAL -- FEES.
125.14A PERSONNEL OF A LICENSED PROGRAM ADMITTING JUVENILES.
125.15 INSPECTIONS.
125.15A LICENSURE -- EMERGENCIES.
125.16 TRANSFER OF LICENSE OR CHANGE OF LOCATION PROHIBITED.
125.17 LICENSE SUSPENSION OR REVOCATION.
125.18 HEARING BEFORE BOARD.
125.19 REISSUANCE OR REINSTATEMENT.
125.20 RULES.
125.21 CHEMICAL SUBSTITUTES AND ANTAGONISTS PROGRAMS.
125.22 THROUGH 125.24
125.25 APPROVAL OF FACILITY BUDGET.
125.26 THROUGH 125.31
125.32 ACCEPTANCE FOR TREATMENT -- RULES.
125.32A DISCRIMINATION PROHIBITED.
125.33 VOLUNTARY TREATMENT OF SUBSTANCE ABUSERS.
125.34 TREATMENT AND SERVICES FOR INTOXICATED PERSONS AND PERSONS INCAPACITATED BY ALCOHOL.
125.37 RECORDS CONFIDENTIAL.
125.38 RIGHTS AND PRIVILEGES OF PATIENTS.
125.39 ELIGIBLE ENTITIES.
125.40 CRIMINAL LAWS LIMITATIONS.
125.41 JUDICIAL REVIEW.
125.42 APPEALS.
125.43 FUNDING AT MENTAL HEALTH INSTITUTES.
125.43A PRESCREENING -- EXCEPTION.
125.44 AGREEMENTS WITH FACILITIES -- LIABILITY FOR COSTS.
125.46 COUNTY OF RESIDENCE DETERMINED.
125.48 LIST OF CONTRACTING FACILITIES.
125.49 THROUGH 125.53
125.54 USE OF FUNDS.
125.55 AUDITS.
125.58 INSPECTION -- PENALTIES.
125.59 TRANSFER OF CERTAIN REVENUE -- COUNTY PROGRAM FUNDING.
125.60 GRANT FORMULA.
125.61 THROUGH 125.74
125.75 INVOLUNTARY COMMITMENT OR TREATMENT -- APPLICATION.
125.75A INVOLUNTARY COMMITMENT OR TREATMENT OF MINORS -- JURISDICTION.
125.75B DUAL FILINGS.
125.76 APPOINTMENT OF COUNSEL FOR APPLICANT.
125.77 SERVICE OF NOTICE.
125.78 PROCEDURE AFTER APPLICATION.
125.79 RESPONDENT'S ATTORNEY INFORMED.
125.80 PHYSICIAN'S EXAMINATION -- REPORT -- SCHEDULING OF HEARING.
125.81 IMMEDIATE CUSTODY.
125.82 COMMITMENT HEARING.
125.83 PLACEMENT FOR EVALUATION.
125.83A PLACEMENT IN CERTAIN FEDERAL FACILITIES.
125.84 EVALUATION REPORT.
125.85 CUSTODY, DISCHARGE, AND TERMINATION OF PROCEEDING.
125.86 PERIODIC REPORTS REQUIRED.
125.87 STATUS DURING APPEAL.
125.88 STATUS IF COMMITMENT DELAYED.
125.89 RESPONDENTS CHARGED WITH OR CONVICTED OF CRIME.
125.90 JUDICIAL HOSPITALIZATION REFEREE.
125.91 EMERGENCY DETENTION.
125.92 RIGHTS AND PRIVILEGES OF COMMITTED PERSONS.
125.93 COMMITMENT RECORDS -- CONFIDENTIALITY.
125.94 SUPREME COURT RULES.



        

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

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