This text of Iowa § 125.80 (Physician’s or mental health professional’s examination — report — scheduling of hearing) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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 and surgeons
or osteopathic physicians and surgeons or mental health professionals 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 and surgeon or osteopathic physician and surgeon or mental health professional
of the respondent’s own choice. The court shall notify the respondent of the right to choose
a licensed physician and surgeon or osteopathic physician and surgeon or mental h
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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 and surgeons
or osteopathic physicians and surgeons or mental health professionals 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 and surgeon or osteopathic physician and surgeon or mental health professional
of the respondent’s own choice. The court shall notify the respondent of the right to choose
a licensed physician and surgeon or osteopathic physician and surgeon or mental health
professional 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 and surgeon or osteopathic physician and surgeon or mental
health professional 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 and surgeon or osteopathic physician and surgeon or mental health professional
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 and
surgeon or osteopathic physician and surgeon or mental health professional.
2. A written report of the examination by a court-designated licensed physician and
surgeon or osteopathic physician and surgeon or mental health professional shall be filed
with the clerk prior to the hearing date. A written report of an examination by a licensed
physician and surgeon or osteopathic physician and surgeon or mental health professional
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
licensed physician and surgeon or osteopathic physician and surgeon or mental health
professional.
3. If the report of a court-designated licensed physician and surgeon or osteopathic
physician and surgeon or mental health professional is to the effect that the respondent is
not a person with a substance use disorder, the court, without taking further action, shall
terminate the proceeding and dismiss the application on its own motion and without notice.
4. If the report of a court-designated licensed physician and surgeon or osteopathic
physician and surgeon or mental health professional is to the effect that the respondent is
a person with a substance use disorder, 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.