IOWA
I.C.A. § 229.1, Hospitalization of
Persons with Mental Illness, 229.1. Definitions
As used in this chapter, unless the context clearly requires
otherwise:
1. "Administrator" means the
administrator of the department of human services assigned, in accordance with section 218.1, to control the state mental health institutes, or that
administrator's designee.
2. "Auditor"
means the county auditor or the auditor's designee.
3.
"Chemotherapy" means treatment of an individual by use of a drug or
substance which cannot legally be delivered or administered to the ultimate
user without a physician's prescription or medical order.
4. "Chief medical
officer" means the medical director in charge of a public or private
hospital, or that individual's physician-designee. This chapter does not negate
the authority otherwise reposed by law in the respective superintendents of
each of the state hospitals for persons with mental illness, established by
chapter 226, to make decisions regarding the appropriateness of admissions or
discharges of patients of that hospital, however it is the intent of this
chapter that if the superintendent is not a licensed physician the decisions by
the superintendent shall be corroborated by the chief medical officer of the
hospital.
5. "Clerk"
means the clerk of the district court.
6.
"Hospital" means either a public hospital or a private hospital.
7. "Licensed
physician" means an individual licensed under the provisions of chapter
148, 150, or 150A to practice medicine and surgery, osteopathy, or osteopathic
medicine and surgery.
8. "Mental
illness" means every type of mental disease or mental disorder, except
that it does not refer to mental retardation as defined in section 222.2, subsection 4, or to insanity, diminished responsibility, or mental incompetency as the terms are defined and used in the Iowa
criminal code or in the rules of criminal procedure, Iowa court rules.
9. "Patient"
means a person who has been hospitalized or ordered hospitalized to receive
treatment pursuant to section
229.14.
10. "Private
hospital" means any hospital or institution not directly supported by
public funds, or a part thereof, which is equipped and staffed to provide
inpatient care to persons with mental illness.
a. A state mental
health institute established by chapter 226; or
b. The state
psychiatric hospital established by chapter 225; or
c. Any other publicly
supported hospital or institution, or part of such hospital or institution,
which is equipped and staffed to provide inpatient care to persons with mental
illness, except the Iowa medical and classification center established by
chapter 904.
12. "Qualified
mental health professional" means an individual experienced in the study
and treatment of mental disorders in the capacity of:
a. A psychologist
certified under chapter 154B; or
b. A registered nurse
licensed under chapter 152; or
c. A social worker
licensed under chapter 154C.
13.
"Respondent" means any person against whom an application has been
filed under section 229.6, but who has not been finally ordered committed for full-time
custody, care and treatment in a hospital.
14. "Serious
emotional injury" is an injury which does not necessarily exhibit any
physical characteristics, but which can be recognized and diagnosed by a
licensed physician or other qualified mental health professional and which can
be causally connected with the act or omission of a person who is, or is
alleged to be, mentally ill.
15. "Seriously
mentally impaired" or "serious mental impairment" describes the
condition of a person with mental illness and because of that illness lacks
sufficient judgment to make responsible decisions with respect to the person's
hospitalization or treatment, and who because of that illness meets any of the
following criteria:
a. Is likely to
physically injure the person's self or others if allowed to remain at liberty
without treatment.
b. Is likely to
inflict serious emotional injury on members of the person's family or others
who lack reasonable opportunity to avoid contact with the person with mental
illness if the person with mental illness is allowed to remain at liberty
without treatment.
c. Is unable to
satisfy the person's needs for nourishment, clothing, essential medical care,
or shelter so that it is likely that the person will suffer physical injury,
physical debilitation, or death.
16. "Single entry
point process" means the same as defined in section 331.440.
CASES
_ Matter of Oseing 296 N.W.2d 797 Iowa, 1980.
_ Matter of Mohr, 383
N.W.2d 539, 541+ (Iowa Mar 19, 1986)
_ Matter of Foster, 426
N.W.2d 374, 377+ (Iowa Jun 15, 1988
_ State v. Huss, 666 N.W.2d 152, 157+ (Iowa Jul 16, 2003
_ B.A.A. v. Chief Medical
Officer, University of Iowa Hospitals, 421 N.W.2d 118, 121+ (Iowa Mar 16, 1988
_ In re W.K., 2001 WL 195128, *2+ (Iowa
App. Feb 28, 2001)