reglab/statecodes huggingface dataset:
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.21 - Chemical substitutes and antagonists programs.

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.
[C75, 77, §224B.21; C79, 81, §125.21; 81 Acts, ch 58, §9]
87 Acts, ch 32, §1; 97 Acts, ch 203, §12; 2005 Acts, ch 175, §73
Referred to in §125.3, 125.7
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.25 - Approval of facility budget.

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.
[C79, 81, §125.25]
86 Acts, ch 1001, §5; 86 Acts, ch 1245, §1133
Referred to in §125.3, 125.7
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.32 - Acceptance for treatment — rules.

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 persons with substance-related disorders 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 coordinated treatment services, so that a person who leaves a facility or a form of treatment will have available and may utilize other appropriate treatment.
[C75, 77, §125.15; C79, 81, §125.32]
86 Acts, ch 1001, §6; 86 Acts, ch 1245, §1134; 90 Acts, ch 1085, §8; 2011 Acts, ch 121, §35, 62
Referred to in §125.3, 125.7
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.32A - Discrimination prohibited.

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.
90 Acts, ch 1264, §33
Referred to in §125.3, 125.7
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.34 - Treatment and services for persons with substance-related disorders due to intoxication and substance-induced incapacitation.

125.34 Treatment and services for persons with substance-related disorders due to intoxication and substance-induced incapacitation.
1. A person with a substance-related disorder due to intoxication or substance-induced incapacitation may come voluntarily to a facility for emergency treatment. A person who appears to be intoxicated or incapacitated by a 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 and surgeon or osteopathic physician and surgeon or mental health professional 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 and surgeon or osteopathic physician and surgeon 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, mental health professional, 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.
[C75, 77, §125.17; C79, 81, §125.34; 82 Acts, ch 1212, §24]
86 Acts, ch 1001, §8; 2011 Acts, ch 121, §37, 62; 2017 Acts, ch 34, §4; 2018 Acts, ch 1026, §40
Referred to in §125.3, 125.7, 125.12, 230.20
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.37 - Records confidential.

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, a patient’s records may be disclosed only under any of the following circumstances:
a. To medical personnel in a medical emergency with or without the patient’s consent.
b. For purposes of care coordination as defined in section 135D.2 if not otherwise restricted by federal law or regulation.
[C75, 77, §125.20, 224B.23; C79, 81, §125.37]
2016 Acts, ch 1055, §1, 3, 4, 6
Referred to in §125.3, 125.7, 125.93
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.38 - Rights and privileges of patients.

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, provided that such consultation and contact may be provided telephonically or electronically.
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.
[C75, 77, §125.21; C79, 81, §125.38]
86 Acts, ch 1245, §1136; 2020 Acts, ch 1103, §36, 51
Referred to in §125.3, 125.7
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.39 - Eligible entities.

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.
[C77, §125.22; C79, 81, §125.39]
86 Acts, ch 1001, §9; 88 Acts, ch 1158, §31; 99 Acts, ch 141, §1
Referred to in §125.3, 125.7
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.40 - Criminal laws limitations.

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.
[C75, 77, §125.23; C79, 81, §125.40]
Referred to in §125.3, 125.7, 331.382
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.41 - Judicial review.

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.
[C75, 77, §125.24; C79, 81, §125.41]
2003 Acts, ch 44, §114
Referred to in §125.3, 125.7
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.42 - Appeals.

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.
[C75, 77, §125.25; C79, 81, §125.42]
Referred to in §125.3, 125.7
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.43 - Funding at mental health institutes.

125.43 Funding at mental health institutes.
Chapter 230 governs the determination of the costs and payment for treatment provided to persons with substance-related disorders 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 person with a substance-related disorder 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 persons with substance-related disorders 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 person with a substance-related disorder and of the amount for which the person is liable.
[C75, 77, §125.26; C79, 81, §125.43]
83 Acts, ch 96, §157, 159; 84 Acts, ch 1067, §21; 86 Acts, ch 1001, §10; 90 Acts, ch 1085, §10; 2011 Acts, ch 121, §38, 62
Referred to in §125.3, 125.7, 125.20
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.43A - Prescreening — exception.

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 treatment of a substance-related disorder only after a preliminary intake and assessment by a department-licensed treatment facility or a hospital providing care or treatment for persons with substance-related disorders 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-related disorder 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.
86 Acts, ch 1001, §11; 92 Acts, ch 1097, §1; 2005 Acts, ch 175, §74; 2011 Acts, ch 121, §39, 62; 2012 Acts, ch 1021, §42
Referred to in §125.44
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.46 - County of residence determined.

125.46 County of residence determined.
The facility shall, when a person with a substance-related disorder 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 person with a substance-related disorder, or that the person resides in some other state or country, or that the person is unclassified with respect to residence.
[C71, 73, §123B.6; C75, 77, §125.29; C79, 81, §125.46]
90 Acts, ch 1085, §12; 2011 Acts, ch 121, §41, 62
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.48 - List of contracting facilities.

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.
[C81, §125.48]
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.54 - Use of funds.

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.
[C79, 81, §125.54]
86 Acts, ch 1001, §14
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.55 - Audits.

125.55 Audits.
All licensed substance abuse programs are subject to annual audit either by the auditor of state or in lieu of an audit 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, 11.14, 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.
[C79, 81, §125.55; 81 Acts, ch 58, §10; 82 Acts, ch 1166, §1]
89 Acts, ch 264, §5; 2011 Acts, ch 75, §35
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.58 - Inspection — penalties.

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.
[81 Acts, ch 58, §12; 82 Acts, ch 1244, §3]
2005 Acts, ch 175, §75
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.59 - Transfer of certain revenue — county program funding.

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 for purposes of this section 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 department of public health may use the remainder for activities and public information resources that align with best practices for substance-related disorder prevention or 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).
86 Acts, ch 1001, §15; 87 Acts, ch 110, §1; 94 Acts, ch 1068, §2; 2009 Acts, ch 41, §186; 2017 Acts, ch 148, §1; 2022 Acts, ch 1099, §86, 88
Referred to in §123.17, 125.54
2022 amendment to unnumbered paragraph 1 effective January 1, 2023; 2022 Acts, ch 1099, §88
Unnumbered paragraph 1 amended
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.60 - Grant formula.

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.
86 Acts, ch 1001, §16
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.74 - Preapplication screening assessment — program.

125.74 Preapplication screening assessment — program.
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 screening assessment program, if available. The state court administrator shall prescribe practices and procedures for implementation of the preapplication screening assessment program.
2013 Acts, ch 130, §36
Referred to in §125.75, 602.1209
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.75 - Application.

125.75 Application.
1. Proceedings for the involuntary commitment or treatment of a person with a substance-related 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 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.
2. The application shall:
a. State the applicant’s belief that the respondent is a person who presents a danger to self or others and lacks judgmental capacity due to either of the following:
(1) A substance-related disorder as defined in section 125.2.
(2) A serious mental impairment as defined in section 229.1.
b. State facts in support of each belief described in paragraph “a”.
c. Be accompanied by one or more of the following:
(1) A written statement of a licensed physician and surgeon or osteopathic physician and surgeon or mental health professional in support of the application.
(2) One or more supporting affidavits corroborating the application.
(3) 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 subparagraph (1) or (2).
3. Prior to the filing of an application pursuant to this section, the clerk or the clerk’s designee shall inform the interested person referred to in subsection 1 about the option of requesting a preapplication screening assessment pursuant to section 125.74.
4. The supreme court shall prescribe rules and establish forms as necessary to carry out the provisions of this section.
[C75, 77, §125.19(1, 2); C79, 81, §229.51; 82 Acts, ch 1212, §3]
90 Acts, ch 1085, §13; 2011 Acts, ch 121, §42, 43, 62; 2013 Acts, ch 130, §37; 2017 Acts, ch 34, §5; 2018 Acts, ch 1026, §41
Referred to in §125.2, 125.12, 125.44, 125.74, 125.75A, 125.77, 125.78, 125.79, 125.85, 125.91, 229.21, 331.910
Summary of involuntary commitment procedures available from clerk; see §229.45
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.75A - Involuntary proceedings — minors — jurisdiction.

125.75A Involuntary proceedings — minors — jurisdiction.
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” means the juvenile court, judge, or clerk.
89 Acts, ch 283, §1; 92 Acts, ch 1124, §1; 2013 Acts, ch 130, §38; 2017 Acts, ch 54, §76
Referred to in §229.21
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.76 - Appointment of counsel for applicant.

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.
[C75, 77, §125.19(10); C79, 81, §229.52(6); 82 Acts, ch 1212, §4]
83 Acts, ch 101, §15; 83 Acts, ch 186, §10044, 10201
Referred to in §229.21
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.77 - Service of notice.

125.77 Service of notice.
Upon the filing of an application pursuant to section 125.75, 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 subchapter, 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.
[C75, 77, §125.19(2); C79, 81, §229.51(3); 82 Acts, ch 1212, §5]
91 Acts, ch 108, §1; 2013 Acts, ch 130, §39; 2017 Acts, ch 54, §76
Referred to in §125.84, 125.85, 229.21, 229.45
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.78 - Procedure after application.

125.78 Procedure after application.
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 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 and surgeons or osteopathic physicians and surgeons or mental health professionals who shall submit a written report of the examination to the court as required by section 125.80.
[C75, 77, §125.19(1, 2); C79, 81, §229.51(2, 3), 229.52(6); 82 Acts, ch 1212, §6]
84 Acts, ch 1219, §5; 99 Acts, ch 135, §14; 2013 Acts, ch 130, §40; 2017 Acts, ch 34, §6; 2018 Acts, ch 1026, §42
Referred to in §125.79, 125.85, 229.21
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.79 - Respondent’s attorney informed.

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 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 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.
[82 Acts, ch 1212, §7]
2013 Acts, ch 130, §41
Referred to in §125.85, 229.21
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.83 - Placement for evaluation.

125.83 Placement for evaluation.
If upon completion of the commitment hearing, the court finds that the contention that the respondent is a person with a substance-related 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 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 treatment of a substance-related disorder. 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.
[C75, 77, §125.19(4); C79, 81, §229.52(2); 82 Acts, ch 1212, §11]
90 Acts, ch 1020, §1; 90 Acts, ch 1085, §17; 2011 Acts, ch 121, §47, 62; 2012 Acts, ch 1021, §43
Referred to in §125.84, 125.85, 125.87, 125.88, 125.89, 229.21
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.84 - Evaluation report.

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 person with a substance-related disorder 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 person with a substance-related disorder 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 person with a substance-related disorder 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.
[82 Acts, ch 1212, §12]
90 Acts, ch 1020, §2; 90 Acts, ch 1085, §18; 2011 Acts, ch 121, §49, 62
Referred to in §125.85, 125.86, 229.21, 321J.3
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.85 - Custody, discharge, and termination of proceeding.

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 through 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.
[C75, 77, §125.19; C79, 81, §229.52(3 – 5), 229.53; 82 Acts, ch 1212, §13]
92 Acts, ch 1072, §2; 99 Acts, ch 144, §1; 2021 Acts, ch 80, §66
Referred to in §229.21
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.87 - Status during appeal.

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.
[82 Acts, ch 1212, §15]
Referred to in §229.21
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.88 - Status if commitment delayed.

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.
[82 Acts, ch 1212, §16]
Referred to in §125.81, 229.21
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.89 - Respondents charged with or convicted of crime.

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 subchapter.
[82 Acts, ch 1212, §17]
2017 Acts, ch 54, §76
Referred to in §229.21
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.90 - Judicial hospitalization referee.

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 subchapter.
[C79, 81, §229.51(3); 82 Acts, ch 1212, §18]
2017 Acts, ch 54, §76
Referred to in §229.21
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.92 - Rights and privileges of committed persons.

125.92 Rights and privileges of committed persons.
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 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 and surgeon’s or osteopathic physician and surgeon’s or mental health professional’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.
[82 Acts, ch 1212, §20]
2017 Acts, ch 34, §11; 2017 Acts, ch 54, §76; 2018 Acts, ch 1026, §46; 2022 Acts, ch 1032, §34
Referred to in §229.21
Subsection 2 amended
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.93 - Commitment records — confidentiality.

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 federal Drug Abuse Office and Treatment Act, 42 U.S.C. §290ee and the federal Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act, 42 U.S.C. §290dd-2. However, such records may be disclosed to an employee of the department of corrections, if authorized by the director of the department of corrections, or to an employee of a judicial district department of correctional services, if authorized by the director of the judicial district department of correctional services.
[82 Acts, ch 1212, §21]
2014 Acts, ch 1092, §168; 2021 Acts, ch 11, §1
Referred to in §229.21
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 125 - SUBSTANCE-RELATED DISORDERS › Section 125.94 - Supreme court rules.

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.
[82 Acts, ch 1212, §22]
83 Acts, ch 186, §10045, 10201
Referred to in §229.21
Rules adopted by the supreme court are published in the compilation “Iowa Court Rules”
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 126 - DRUGS, DEVICES, AND COSMETICS › Section 126.2A - Applicability.

126.2A Applicability.
The provisions of this chapter regarding the selling of drugs, devices, or cosmetics are applicable to the manufacture, production, processing, packaging, exposure, offer, possession, and holding of any such article for sale; and the sale, dispensing, and giving of any such article, and the supplying or applying of any such article, in the conduct of any drug, device, or cosmetic establishment.
C93, §126.2(unn. 2)
CS2007, §126.2A
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 126 - DRUGS, DEVICES, AND COSMETICS › Section 126.4 - Injunction proceedings.

126.4 Injunction proceedings.
The board may apply to the district court for, and the court has jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction restraining any person from violating any provision of section 126.3 whether or not there exists an adequate remedy at law.
89 Acts, ch 197, §4
CS89, §203B.4
C93, §126.4
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 126 - DRUGS, DEVICES, AND COSMETICS › Section 126.5 - Penalties — guaranty — false advertising liability.

126.5 Penalties — guaranty — false advertising liability.
1. A person who violates a provision of this chapter, other than a violation of section 126.3, subsection 23, is guilty of a serious misdemeanor; but if the violation is committed after a conviction of the person under this section has become final, the person is guilty of an aggravated misdemeanor.
2. A person is not subject to the penalties of subsection 1 if the person establishes a guaranty or undertaking signed by, and containing the name and address of another person residing in this state from whom the person received the article in good faith, to the effect that the article is not adulterated or misbranded.
3. A publisher, radio-broadcast licensee, or agency or medium which disseminates false advertising, except the manufacturer, packer, distributor, or seller of the article to which false advertising relates, is not liable under this section for the dissemination of the false advertising, unless the person knew or believed that the advertising was deceptive, false, or misleading or the person has refused upon the request of the board to furnish the board the name and address, if known, of the manufacturer, packer, distributor, seller, or advertising agency which caused the person to disseminate the advertisement.
4. A person who violates section 126.3, subsection 23, commits an aggravated misdemeanor.
5. A violation of this chapter is a violation of section 714.16, subsection 2, paragraph “a”.
89 Acts, ch 197, §5
CS89, §203B.5
90 Acts, ch 1078, §3, 4; 92 Acts, ch 1062, §2
C93, §126.5
Referred to in §126.3
See also §716A.3, subsection 2