Title IV, PUBLIC HEALTH (Ch. 123 - 158)

1. The department may place an employee or agent to serve as a monitor in a licensed substance use disorder 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 li…

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 department. [C75, 77, §224B.17; C79, 81, §125.16 ]…

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 de…

The department may deny an application for license, or may place on probation, suspend or revoke a license of, or otherwise discipline a licensee if the department finds that the licensee has not been or will not be operated in compliance with this chapter and the rules adopted p…

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 depa…

For purposes of this chapter , unless the context clearly indicates otherwise: 1. “Chemical substance” means alcohol, wine, spirits, and beer as defined in chapter 123 and controlled substances as defined in section 124.101 . 2. “Chief medical officer” means the medical director …

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 patients with a substance use disorder. A facility shall not be licensed nor shall any paymen…

1. The department 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…

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 persons with a substance use diso…

1. A person with a substance use disorder may apply for voluntary treatment or rehabilitation services directly to a facility or to a licensed physician and surgeon or osteopathic physician and surgeon or to a mental health professional. If the proposed patient is a minor or an i…

Repealed by 2024 Acts, ch 1161, §135, 137 . 2024 repeal effective July 1, 2025; 2024 Acts, ch 1161, §137 See Code editor’s note on simple harmonization at the beginning of this Code volume

1. The director may, consistent with the comprehensive substance use disorder 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 persons with a substance use diso…

Prior to filing an application pursuant to section 125.75 , the clerk of the district court or the clerk’s designee shall inform the interested person referred to in section 125.75 about the option of requesting a preapplication screening assessment through a preapplication scree…

1. a. Proceedings for the involuntary commitment or treatment of a person with a substance use disorder to a facility pursuant to this chapter or for the involuntary hospitalization of a person pursuant to chapter 229 may be commenced by any interested person by filing a verified…

The juvenile court has exclusive original jurisdiction in proceedings concerning a minor for whom an application is filed under section 125.75 . In proceedings under this subchapter concerning a minor’s involuntary commitment or treatment, the term “court” , “judge” , or “clerk” …

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, th…

Upon the filing of an application pursuant to section 125.75 , the clerk shall docket the case and immediately notify a 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…

As soon as practical after the filing of an application pursuant to section 125.75 , 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 financ…

The court shall direct the clerk to furnish at once to the respondent’s attorney, copies of the application pursuant to section 125.75 and the supporting documentation, and of the court’s order issued pursuant to section 125.78, subsection 3 . If the respondent is taken into cust…

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 re…

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 person with a substance use disorder who is likel…

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 t…

If upon completion of the commitment hearing, the court finds that the contention that the respondent is a person with a substance use disorder has been sustained by clear and convincing evidence, the court shall order the respondent placed at a facility or under the care of a su…

1. If upon completion of the commitment hearing, the court finds that the contention that the respondent is a person with a substance use disorder has been sustained by clear and convincing evidence, and the court is furnished evidence that the respondent is eligible for care and…

The facility administrator’s report to the court of the chief medical officer’s substance use disorder 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…

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 d…

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 …

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…

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 sh…

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 …

Judicial hospitalization referees shall be utilized as provided in section 229.21 for performing the duties of the court prescribed by this subchapter . [C79, 81, §229.51(3) ; 82 Acts, ch 1212, §18 ] 2017 Acts, ch 54, §76 Referred to in §229.21

1. The procedure prescribed by this section shall only be used for a person with a substance use disorder due to intoxication or substance-induced incapacitation who has threatened, attempted, or inflicted physical self-harm or harm on another, and is likely to inflict physical s…

A person who is detained, taken into immediate custody, or committed under this subchapter 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 pursuan…

Records of the identity, diagnosis, prognosis, or treatment of a person which are maintained in connection with the provision of substance use disorder treatment services are confidential, consistent with federal confidentiality regulations authorized by the federal Comprehensive…

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 an…