125.33 - VOLUNTARY TREATMENT OF SUBSTANCE ABUSERS.
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